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re: Opponents to ask for rehearing in St. George matter

Posted on 5/1/24 at 7:39 am to
Posted by teke184
Zachary, LA
Member since Jan 2007
96551 posts
Posted on 5/1/24 at 7:39 am to
Maybe it is just me but aren’t the plaintiffs supposed to lay out everything in the original case in order to preserve everything upon appeal?

What MOP is trying to push is that the court didn’t address XYZ and now wants to do that, but I think the whole argument by then was “This is null so it doesn’t matter what happens if it actually gets upheld.”
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99363 posts
Posted on 5/1/24 at 8:19 am to
quote:

What MOP is trying to push is that the court didn’t address XYZ and now wants to do that, but I think the whole argument by then was “This is null so it doesn’t matter what happens if it actually gets upheld.”


I loath the bitch, but her argument is that because the Court took the next step of declaring the incorporation valid and can move forward, that did not address some extant issue attendant to incorporation.

As for the boundaries, that's set forth in the petition and the annexation post petition are subject to a pending lawsuit in the 19th (it was stayed in 2022 pending the outcome of the challenge to the incorporation itself).

As a basis for rehearing, it should be rejected because it wasn't raised by the challengers (if...then) and because there's pending litigation in the lower courts.
This post was edited on 5/1/24 at 8:20 am
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