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Page 1 of 3 of Appeals Court Document 
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Who's Paying? wrote on 2/26/2010 11:25 pm
Who's paying the legal fees for Peters and Shepherd?
Hopefully wrote on 2/25/2010 9:02 pm
This recall will be a wake up call for the people in this town. THIS ISN'T a small town anymore and there is no room for small town politics.
Yes, it will be good when this issue wrote on 2/25/2010 6:20 pm
is voted on by the people. It will tell you what kind of town Gardner will be in the future so you can make your appropriate plans.
Jerry L Kellogg Sr wrote on 2/25/2010 5:36 pm
Judge Moriarty cited two reasons for not granting a stay:
1. The Appellate Court had already denied appellants' motion for a stay hours before and Moriarty felt reluctant to rule against their action.
2. For the same reasons as cited in the Appellate Court' ruling today and for reasons given in his previous denials for an injunction, Moriarty stated he would have also denied this latest motion.
Mrs Peters and Mr Shepherd were not present today in the courtroom to hear Moriarty's decision.
@jdel wrote on 2/25/2010 5:18 pm
He basically agreed with the Appellate Court ruling (see the document above). The hearing took all of 5 minutes.
jdelphiki wrote on 2/25/2010 4:10 pm
@A Weatherford -
Does anyone know what was the basis of Judge Moriarty's ruling?
rally wrote on 2/25/2010 4:08 pm
I heard the rally has been cancelled due to lack of interest, is that true?
A Weatherford wrote on 2/25/2010 3:30 pm
From the Ryan Beasley via Facebook...
Judge Moriarty has denied the request for an "emergency stay." We should be good to go on proceeding with the election on March 2nd. This election is ours to lose, if we don't get the people out to vote we aren't going to win. Please talk, email, or call everyone you know in town and remind them they need to VOTE on TUESDAY MARCH 2ND. Don't forget the rally on Friday between 5 PM – 6 PM on the corner of Elm and Main down town.
Ryan Beasley wrote on 2/25/2010 1:10 pm
They appealled to the Court of Appeals along with the District Court for a stay. The Appeals Court just told them no for three different reasons.
1. They should have asked for the stay a LONG time ago.
2. They didn't even provide a copy of the recall petition.
3. We are already in the middle of voting.
Thus their application has been denied.
There is still the chance the District Court will grant them a stay. However the Assistant Attorney General has already notified the District Court Judge (Moriarty) Shepherds attorney, Election's office attorney, and our Attorney that they were denied in the Appeals Court.
We'll see you at 4.
A Weatherford wrote on 2/25/2010 12:41 pm
I did not think we would hear anything till after 4:00... Keep the good news coming...
jdelphiki wrote on 2/25/2010 12:38 pm
So, to make this a bit clearer, the request for an Emergency Stay was separate from the Appeal hearing at 4PM?
And it looks like the judge for the Emergency Stay was different from the presiding judge at the original lawsuit case (and the appeal).
So half of today's decisions favored letting the recall votes continue. The other half comes at 4PM.
Correct?
Heath wrote on 2/25/2010 12:32 pm
I expect to see a similar report shortly after 4pm. Let the voting continue!
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