"DENIED AS MOOT," was how Court of Appeals Judge Janet L. Stumbo summed up her ruling on the appeal of the case that had voided the local option, "moist," election in Jamestown and Lake Precincts outside the city limits of Jamestown.

She notes that the lower court had cited two reasons for ruling the elections invalid, that the statute the vote was held under does not allow for precinct level elections and that the language used in the question put to voters did not comply with the "specific language required by the statute."

In the decision, substantially 7 pages, the judge strikes down all the arguments brought in the appeal and upholds all the decisions and reasoning in the original decision.

The issue arose before the November 24 election that yielded a "no" vote in Jamestown and a "yes" vote in the Jamestown and Lake Precincts outside the city limits.

Originally County Attorney Mark McGaha had opposed petitions that lead to a vote, but his gambit was overruled by Circuit Judge Vernon Miniard, who ordered the election to move forward.

After the election was held it was questioned in Circuit Court again, before  Special Judge Julia Adams. Adams ruled that the precinct election was held wrongly in precincts, rather than in a city or county, and the question was improperly worded.