Shelby Co. (ECWd) –
We first raised the legal question about a county board of review being elected in June in this article after a formerly elected board of review member resigned. We could not find any statutory or constitutional support for a board of review to be legally elected in a county the size of Shelby County.
We encourage everyone to read that article because we simply reported on the law as we understand it and presented the solution to the issue. We specifically stated, “We believe it would take a simple Declaratory Judgment action in the court to determine if they can be elected or not.”
The Shelby County Clerk filed a Complaint for Declaratory Relief today against the Shelby County Board of Review. The complaint clearly spells out the law pertaining to a board of review and how they are to be seated. It includes what appears to be a confirmation that the referendum in 1981 was done outside of legal provisions.
“The 1981 referendum infringes upon the provisions of state law commanding appointment of Members of the Board of Review. The 1981 referendum is repugnant to the provisions of state law”
The primary prayer for relief
“Issue an order commanding Jessica Fox to either place on the ballot in the upcoming election a contest for Members of the Board of Review or enter an order commanding her not to place the positions of Board of Review Members on the Ballot.”
The next steps in this process we believe will include the court appointing a special prosecutor to represent the board of review. Typically that is done at no cost to the County and will more than likely be a State’s Attorney from a county in the circuit. Once that happens the normal judicial steps will be followed and hopefully at some point soon the court will issue an order clearing up the matter.
This is a perfect example of how good people work together to simply ensure the laws are followed rather than just blindly doing as they have always done in the past.
A copy of the complaint can be downloaded at this link or viewed below.
BOR complaint
2 Comments
Kathiann
Posted at 07:45h, 31 August“This is a perfect example of how good people work together to simply ensure the laws are followed rather than just blindly doing as they have always done in the past.”
There’s a lot of that “blindly doing as they have always done in the past” going on these days.
Jack Tarleton
Posted at 13:45h, 30 AugustRepugnant. Good word, especially as it applies to Shelby County.