Lawsuit Challenging Ordinance To Fix The Charter Now Moving Ahead
The challenge to the ordinance can move forward.
That was the ruling issued by 15th Judicial District Judge John Trahan on Monday, meaning the lawsuit filed by Lafayette resident Keith Kishbaugh against the LCG-approved ordinance to fix the Home Rule Charter Amendment that was passed last year can continue to move forward. The Lafayette City-Parish Council voted in favor of the ordinance a few weeks ago.
As written out in the lawsuit, Kishbaugh maintains that "allowing the proposed ordinance to go into effect disenfranchised the voters of the City of Lafayette and the Parish of Lafayette who have a right to vote on any change in the Charter."
Attorneys with the State Attorney General's Office are also a part of the lawsuit against the LCG-approved ordinance.
The next court date is scheduled for next week.
UPDATE: The hearing scheduled for Thursday in 15th Judicial Court about the lawsuit over LCG charter amendments being made with an ordinance has been canceled. According to the Lafayette Parish Clerk of Court’s Office, the court canceled the hearing, and has set a trial date of May 8th, with pre-trial motions from both sides of the suit due by April 29th. Our news partners at KATC confirmed with the Secretary of State’s Office that their office in intervening in the lawsuit to ask the court to address additional issues not raised by Keith Kishbaugh, the Lafayette resident who filed the lawsuit.
UPDATE: On today's edition of "The Ross Report," Attorney Lane Roy - the lawyer who is representing Keith Kishbaugh in his lawsuit against the new Home Rule Charter - broke the news that Attorney General Jeff Landry's Office will be representing the Secretary of State Kyle Ardoin. The Sec. of State's Office is intervening on the side of the plaintiff, Kishbaugh.
Roy says the AG's office is filing the motion this afternoon.
UPDATE: A preliminary hearing is set for the lawsuit filed by a Lafayette resident questioning the legality of Lafayette Consolidated Government amending its previously-amended charter with an ordinance.
The hearing will be Thursday, April 11, in the 15th Judicial Court at the Lafayette Parish Courthouse beginning at 10 a.m. Judge John D. Trahan will preside over the hearing.
Lafayette resident Keith Kishbaugh is listed as the plaintiff in legal filings against the new home rule charter. Kishbaugh has petitioned the court for an injunction on the issue. The defendants: The City of Lafayette government, Lafayette Parish Government and Lafayette City-Parish Consolidated Government.
The group Fix The Charter responded on Facebook:
We will have more on this story as it becomes available. Attorney Lane Roy will be on The Ross Report.