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Judge Rules Cedar Grove Can Hold Election
09/05/08 - 02:14 PM

WMBB News Department

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Circuit Judge Dedee Costello denied an injunction against the election to dissolve Cedar Grove filed by The Citizen’s Coalition to Save Cedar Grove. 

Lawyers for both sides argued over whether or not the judge had the authority to halt the election based on what documents were presented and if permanent damage would be done by allowing the election to proceed before all legal challenges were settled.  In the end Costello ruled it’s a citizen’s constitutional right to vote but she reserved the right to decide whether or not the Ordinance to Dissolve the Town is valid at a later date. 

Both sides say this isn’t the end.

“I’m glad that Judge Costello decided to let us go ahead and have the election.  I’m sure they’re going to file something after the election whichever way it goes,” says Cedar Grove Commissioner Mary Ann Gardner.

“We’re a little disappointed but we do have to agree that the Constitution must be upheld above all and the people do have a right to vote and that’s fine.  The problem we had with the vote itself is that we don’t want to get into a position where the citizens get their right to vote but then when we come back- which we will come back- and prove that the Town is substantially surrounded by other municipalities.  And in the event that that takes place the votes didn’t matter the votes didn’t matter and that’s going to infuriate the people that much more,” says spokesperson for the Coalition, Tricia LaCount.

A hearing will be held after the election to determine whether or not the dissolution proceedure is legal.  A big debate at the hearing will be whether or not the Town of Cedar Grove is substantially surrounded by other municipalities. If the judge decides it is, the dissolution cannot move forward.