In Nov. 12 Issue
"I have filed a Writ of Prohibition with the Court of Appeals," said County Attorney Mark McGaha. "It asks the court of appeals to look at what was done and examine the statutes."
He said this method was not usual.
"It is unusual relief," he said "But I feel that under the conditions it is necessary."
The decision he is taking to the court of appeals is that by Judge Vernon Miniard to allow a "moist" vote to go forward in Jamestown and the Lake Precinct.
McGaha had filed a case opposing the vote outside of Jamestown, and then asked Miniard to reverse himself after he ruled that those in Jamestown City limits, the Jamestown Precinct and the Lake Precinct of Russell County could vote.
The election, set for Nov., 24th, will be held in the Circuit and District Court Rooms at the courthouse and both early and absentee voting has already begun.
McGaha said that if it hears the case and decides in his favor the court of appeals could stay the election, but that would be unusual.
He said he made the move because he didn't feel the timing of the election allowed him any other recourse.
"I expect an answer this week on whether the writ will be considered by the court," McGaha said.
He explained that it would not be out of the ordinary for the court to simply refuse to hear the case at this time.
He added that if the vote proceeds and the public's decision is to allow alcoholic beverages to be served in restaurants seating over 100 people he feels sure the election will be contested in court.