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Kentucky Court of Appeals issues Show Cause in drys' appeal

PAC Chair Shannon Sexton says she is confident that, in light of today's Court of Appeals order the final legal challenge to the legal sales of alcoholic beverage in Adair County is virtually over - possibly as early as August 28, 2016
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By Ed Waggener

The Commonwealth of Kentucky Court of Appeals issued a a Show Cause Order to the group seeking to overturn the March 22, 2016, Wet-Dry Election in Adair County, KY. The Court of Appeals order, issued today, states that the appeal was not filed in the 10 day time frame for such appeals, after the trial court granted a summary judgment entering an order dismissing the action on July 14, 2016 The Notice of Appeal, styled "Chris Coomer, et al v Adair County Board of Elections, et al, Appeal from Adair Circuiit Court Action No. 16-CI-00070"" was filed 28 days after the Circuit Court judgment was enter, 18 days after the deadline.



In addition, the appellants, Chris Coomer, et al, were required to, but failed, to execute a "Supersedeas bond," and failed to file the circuit court recordin the court of appeals.

The Court of Appeals Show Cause Order states, "The appellants shall SHOW CAUSE, if any there be, as to whey the appeal should not be dismissed for failure to comply with KRS 120.075." The Show Cause Order allows ten days, until August 28, 2016, for the appellants to respond, and states "Failure to file a response to this Show Cause Order shall result in Case No. 2016-CA-001187-MR being dismissed.

Shannon Sexton, Executive Director of PAC (Progress in Adair County), says she is now confident that the challenge to the Wet-Dry Election is virtually over in light of today's ruling.


This story was posted on 2016-08-19 16:18:52
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