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Wednesday, January 07, 2009
Ind. Decisions - More on: Court of Appeals nullifies 2007 mayoral election; Bennett, Burke both file appeals
Updating this ILB entry from Dec. 16, 2008, Arthur Foulkes of the Terre Haute Tribune-Star reports today in a story that begins:
The duel for control of Terre Haute’s City Hall continued this week with the filing of yet another legal brief in the ongoing case of Burke v. Bennett.Late Monday, attorneys for Mayor Duke Bennett filed a response to former Mayor Kevin Burke’s Dec. 12 request to advance the case to the Indiana Supreme Court.
Both Bennett and Burke requested the Supreme Court hear the case after the Indiana Court of Appeals ruled in November that neither man was eligible to sit as mayor. The court also called for a special election to settle the matter. Bennett filed his request on Dec. 15 to move the case to the Supreme Court.
Burke’s side now has 13 days to respond to Bennett’s Jan. 5 response, said Brian Babb, an attorney for Bennett. Burke’s attorney, Ed DeLaney, said he will file Burke’s response to Bennett’s Dec. 15 petition for transfer to the state Supreme Court today. Bennett will then have 13 days to respond to that brief.
Posted by Marcia Oddi on January 7, 2009 11:37 AM
Posted to Ind. App.Ct. Decisions