Plaintiff lacked standing, Failed to state Claim
Suit Ends in Circuit Court
Adams to Appeal
Before the
ink was dry on Franklin County Circuit Court Judge Phillip Shepherd’s order –
indeed, even before the Judge had signed the court order denying Don Quixote
de Nicholasville’s Motion to Reconsider - TEA Party Activist David Adams had
filed a notice of appeal with the Kentucky Court of Appeals. Here's Judge
Shepherd's order.
On one hand,
it makes sense. Everyone in the state knew with reasonable certainty that Adams’
Motion - like his suit challenging Kentucky’s adoption of Common Core - had no
prayer of success.
And one supposed Adams had to be cautious. Had Judge
Shepherd struck Adams’ motion, it might have muddled the 30-day time period for
appeal.
But on the
other hand, Adams’ appeal could get knocked back by the Court of Appeals because
the Circuit Court had not entered a final ruling in the case, pending Adams’ Motion to Reconsider.
Worst case scenario
for Adams? He might have to re-file his motion with the appeals court.
Interestingly,
Adams, the "President" of Kentucky Citizens Judicial, had to beg his Facebook followers
for “an emergency” $200 to make the filing fee.
If the Court of Appeals makes
him re-file, will that cost his friends another wasted $200?
In any case,
it looks like future blog fodder to me.
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