Concerned Citizens seeks relief from judgment

Oct. 26– School anti-consolidation group Concerned Citizens for Community Schools has filed a motion for relief from a final judgment dismissing its second civil suit seeking to stop construction of two 550-student schools.

Following an Oct. 14 hearing in Hardin County Chancery Court, Circuit Court Judge Donald Parish dismissed the case against the county, school board and others and taxed the costs to the plaintiffs.

Attorney Christopher Donovan of Selmer, representing Concerned Citizens, said the dismissal of the earlier suit brought by the same organization against the same defendants was a factor in the dismissal of the latest case.

In the latter instance, Parish dismissed 12 counts in the case on “res judicata” grounds, or because they were previously decided or dismissed in a manner barring relitigation.
Donovan said when the former case was dismissed by Hardin County Chancellor Ron Harmon, the order filed to that effect “inadvertently fails to include the language ‘without prejudice.’”

A dismissal without prejudice in a civil matter means the plantiff can refile on the same claim. Savannah attorney James Powell represented Concerned Citizens in the initial suit.

In an affidavit, Powell says Harmon “stated to me after the hearing that the matter should be re-filed, as the petitioners deserved a hearing in the matter.”