By KELLY WILSON
Herald-Whig Staff Writer
Judge Diane Lagoski refused to dismiss the quo warranto lawsuit challenging Melvin "Bud" Niekamp's right to serve on the Quincy School Board during a hearing Tuesday.
"It is my belief that the ends of justice will not be served by dismissing this," Lagoski said in court.
She also discounted the claim by Niekamp attorney Bob Adrian that Jack Inghram, the attorney who filed the suit, is filing amendments and adding plaintiffs simply to delay the proceedings.
"I would prefer we would not continue to do this," she said. "(But) under the circumstances, I have no reason to believe this is being done to delay the proceedings."
Lagoski set the next court hearing for 2:30 p.m. Nov. 23, at which time she will hear arguments about whether the plaintiffs have standing to bring the lawsuit against Niekamp.
"And hopefully we will have a decision," she added.
Inghram refiled the lawsuit Oct. 20, paring down the original list of 14 plaintiffs to current School Board member Bill Daniels and former School Board member Carol Nichols. Inghram also has asked the court to add current School Board member Glenn Bemis to the suit.
Both Inghram and Adrian agreed it made sense to wait to argue standing for all plaintiffs at once.
"One more time, we're going to find a date to hold a hearing. Hopefully it will be the last of those," Lagoski said.
Adrian questioned whether Inghram would come back with yet another plaintiff to add to the suit, delaying the proceedings once more. Inghram said he had no plans to add any other plaintiffs to the suit, adding that he is ready to argue that the plaintiffs have standing.
The plaintiffs have to prove standing, that they are affected by Niekamp's serving on the School Board, to be permitted to bring the quo warranto suit. Quo warranto is the process to remove an elected official from office.
Adrian voiced his frustration that the case continues to drag on.
"It's a waste of everybody's time and money," he told reporters after the hearing.
-- kwilson@whig.com/221-3391
