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Newspaper lawsuit against county commission set

KNOXVILLE (AP) ‘ A Knox County judge ruled Friday that a newspaper’s lawsuit alleging Sunshine Law violations by county commissioners should move to trial.

Chancellor Daryl Fansler refused to allow the Knox County Commission to seek an emergency appeal in the lawsuit filed by Knoxville News Sentinel editor Jack McElroy.

‘I cannot in good conscience certify that there is a good probability of reversal,’ Fansler said.

He set the trial for Sept. 11 and ruled it will be heard by a jury. He also agreed to include plaintiffs from two similar lawsuits.

The newspaper claims commissioners violated the state’s Open Meetings Act or Sunshine Law when they allegedly discussed their votes privately before filling eight term-limited county commission seats and four other officeholders on Jan. 21.

County Deputy Law Director Mary Ann Stackhouse argued a majority of the commission ‘ at least 10 of 19 members ‘ would have had to meet privately to violate the law. The newspaper claims simply two or more government officials meeting in secret is a violation.

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