The Mississippi Supreme Court on Wednesday denied an interlocutory appeal and recognition of stay filed by Starkville Mayor Lynn Spruill in September concerning the jurisdiction of a special appointed judge to hear the election contest filed by mayoral candidate Johnny Moore.
The state’s highest court denying the appeal means the matter will now be heard by a special appointed judge in Oktibbeha County Circuit Court at a date that has yet to be determined.
Judge Barry Ford was appointed to the case in June by the Mississippi Supreme Court.
Moore’s legal counsel William Starks said in an email on Wednesday Moore will now be asking the court to set a hearing date as soon as possible so that the case can be heard on the merits.
Spruill’s legal counsel Jim Mozingo said in an email statement their team plans to proceed and said the ruling does not pertain to the merits of the case.
“While this certainly means that the litigation which Mr. Moore filed will continue, the Court’s ruling says nothing about the merits of the case; it only says that the Court will not consider our jurisdictional issues at this point,” Mozingo said. “Those jurisdictional issues remain open in the litigation.”
Moore’s legal team in September filed a request to deny the appeal, listing the court’s ruling in the Chandler v. McKee case, which says there is no prohibition to filing a petition for judicial review prior to the 10-day deadline, set in Mississippi code.
Spruill made a motion for dismissal of Moore’s challenge in July, which Ford denied in circuit court.
Moore has also argued Spruill did not provide a substantial basis for her disagreement with the trial court’s ruling other than the disagreement of the result.
Additionally, the response to the interlocutory appeal previously filed by Moore said petitions for permission to appeal must be filed within 21 days after the entry of such order in the trial court. It states the circuit clerk stamped the appeal on Aug. 21, but the general docket of the circuit clerk shows it was entered on Aug. 16.
Spruill filed the petition on Sept. 8, the 23rd day after the entry of the general docket.
Despite the challenge moving forward, Spruill still holds Starkville’s highest office after being sworn in on July 3.
Spruill was certified as the winner by seven votes in May.