SALYERSVILLE - A hearing was held today in Magoffin County Circuit Court regarding the civil lawsuit between David May and the library board.
Magoffin County Circuit Judge Kimberley Childers overruled May's motion for an injunction, stating that no evidence had been presented that indicated any Magoffin County Public Library Board members had served illegally, nor that any actions taken by the board were illegal, including when they voted for the demolition of the former Salyersville First Baptist Church.
Judge Childers heard testimony from David May, as well as Magoffin County Public Library Director Melanie Cain, Kentucky Department of Libraries and Archives Acting Commissioner Terry Manuel, and former library board chairman Ronnie Gullett.
While David May's attorney, Ned Pillersdorf, argued that a letter from the Kentucky Heritage Counsel indicated that the demolition of the former Salyersville First Baptist Church building would jeopardize federal funding, Judge Childers indicated that no evidence had been presented regarding any federal funding in the project.
Testimony indicated that the law dictates the judge executive, with the fiscal court's approval, is to appoint new board members when terms are expired, and neither were included in the lawsuit. Furthermore, the library board's attorney, Mike Fox, confirmed with state statutes and the KDLA representative that the former library board members who were being sued were serving legally. Though two of their terms were technically expired, state statute dictates that board members are to serve until they are replaced.
Judge Childers stated that the plaintiff presented nothing today that warrants a motion for an injunction, giving the Magoffin County Public Library board the right to proceed with their project.
Just before the courthouse closed today, David May also filed a notice of appeal to the order overruling his motion for an injunction. More information will be released as it becomes available.
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