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School Annexation Case Heads to KY Supreme Court

School Annexation Case Heads to KY Supreme Court
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By Paul Schaumburg, Graves County Schools
Oct. 18, 2016 | MAYFIELD, KY
By Paul Schaumburg, Graves County Schools Oct. 18, 2016 | 08:51 PM | MAYFIELD, KY
The Kentucky Court of Appeals on Sept. 21 issued an order denying the Graves County Board of Education’s request for a hearing, en banc (which means the case was heard by all the judges of the court).

The court ruled, “After considering the motion and the response thereto, the Court hereby orders that the motion for en banc reconsideration be denied. The Court further orders that (the) Board’s motion to allow the Kentucky Association of Counties to file an amicus (impartial party) brief, the Board’s motion to amend its motion for reconsideration, and the City of Mayfield’s motion to strike portions of the motion for reconsideration be and hereby are denied as moot.”

This decision means the matter will be submitted to the Supreme Court of Kentucky for discretionary review. The case is a matter of first impression and is a core proceeding that has the potential to affect all cities and counties in the Commonwealth of Kentucky as well as Boards of Education. The Board has expressed and defended its right to vote on the proposed annexation of property.

To do anything but defend against the annexation would subject employees of the Graves County Board of Education to taxation without representation. Wherefore, the Graves County Board of Education will litigate this matter to conclusion in the interest of the Board and the employees of the District, all according to C. Ed Massey, the attorney representing the Graves County Board of Education.

“We are pleased with the Kentucky Court of Appeals’ ruling,” said Graves County Schools Superintendent Kim Dublin. “Clearly, the court’s action indicates this case involves a basic American principle of the founding fathers concerning taxation without representation. The court of appeals believes the case could affect similar situations now and in the future throughout the state and, therefore, has referred the case to the Kentucky Supreme Court. We believe our position will be upheld there. Of course, the Graves County Board of Education and superintendent will follow that opportunity to defend its employees and this important principle.”

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