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Washington County Attorney Files Motion To Dismiss Protect Fayetteville Lawsuit

FAYETTEVILLE (KFSM) — The Washington County attorney filed a motion Wednesday (Sept. 16) asking the court to dismiss a lawsuit filed against the county by...

FAYETTEVILLE (KFSM) -- The Washington County attorney filed a motion Wednesday (Sept. 16) asking the court to dismiss a lawsuit filed against the county by Protect Fayetteville regarding the civil rights ordinance voters passed Sept. 8 in a special election.

County Attorney Steve Zega filed the lawsuit on behalf of the county and three election commissioners, who were named as defendants in the Protect Fayetteville lawsuit.

The motion cities the time frame within which the lawsuit was filed as grounds for dismissal stating it was filed less than one day before the election began and "in terms of working time, the action was filed 112 minutes before the election started."

According to the motion for dismissal, Protect Fayetteville had two and a half months between the City Council voting to put Ordinance 5781 before Fayetteville residents and the special election.

In its lawsuit, Protect Fayetteville asked for an injunction hearing to stop the special election, but a judge dismissed it also citing the time frame within which the lawsuit was filed.

The motion concludes "there is no justifiable controversy between the Plaintiffs (Protect Fayetteville) and the County."

Protect Fayetteville issued a response to the motion stating, "The attorneys for Protect Fayetteville are reviewing Washington County's motion to be removed as defendants in the lawsuit regarding the legality and enforceability of Ordinance 5781 and will file an answer in a timely manner."

To read the motion for dismissal, click here.

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