VIEWS: 9 PAGES: 1 CATEGORY: Periodicals POSTED ON: 5/27/2010
This is a terrible decision on a host of fronts. In the first place, the trial court allowed the case to languish far too long and then had the audacity to use that to defeat Habecker's claim. The complaint was filed in January 2005, at which time a preliminary injunction was first granted and later denied. No trial was ever held and, in fact, only one deposition was taken. Motions for summary judgment were filed by the parties in July 2005, and the trial court did not rule on those motions until the end of September 2006, even though it knew that Habecker's term office was scheduled to expire in April 2006. So, having sat on the case for more than a year, the Court proceeded to rule that it was moot because there was no way it could reinstate Habecker in office.
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"When Justice Delayed Is Justice Denied"Please download to view full document