The Tri-County Journal
& Chattahoochee Chronicle
PO Box 850,
71 Webb Lane
Buena Vista, GA 31803
229-649-6397
tjournal@windstream.net
By RICHARD HARRIS
(From the May 2, 2007 issue)
The Georgia Supreme Court dismissed the appeal filed by Jerry Smith of the Coalition for the Betterment of Marion County, which sought to remove Commissioner Frank Powell from office, last Tuesday, April 24.
The official ruling, only two sentences long, states in part that “the party seeking appellate review is required to follow the discretionary application procedures … Because Smith failed to follow these procedures, his appeal is hereby dismissed.”
The Coalition had attempted to recall Commissioner Frank Powell from office and started the process by collecting signatures on a “petition for a recall application,” but
Judge Miller not only granted Powell’s request to dismiss the recall effort against him, but also wrote that the Coalition for the Betterment of Marion County’s application for a recall petition was “very close to an abuse of judicial process.”
The judge concluded that the application for a recall petition and the testimony given in the hearing failed to show probable cause that Powell committed malfeasance in office, or violated his oath of office, or failed to perform his duties as prescribed by law. So he dismissed the application and ruled that the Marion County election supervisor was enjoined from proceeding further on the petition and from holding a recall election.
“Finally,” wrote Judge Miller near the end of his ruling, “the Court notes that the filing of this petition against Commissioner Powell without one single piece of evidence of any wrongdoing on his part is very close to an abuse of judicial process.” He also ordered the coalition to pay for the costs of the legal action.
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Local News
* Supreme Court rejects recall appeal
* Preston loses longtime servant
* MCHS girls win 3rd region track title in a row
* Water rates going up in Cusseta
* Head Start employees fired after 3-year-old left on bus
* Webster County gets new ambulance
* Schley soldier honored after service in Iraq
* Holy Smoke Cook-Off is a bit hit in Webster County
* ‘Magical Learning’ in Chattahoochee County
* Preview of this Friday’s Marion County Relay for Life
* Marion High tennis team falls in ‘Sweet 16’ of State Playoffs
* Sock Hop planned in Ellaville
* Tazewell VFD to raffle off shotgun this Saturday
* No 2 ranked SCHS baseball team wins 3 more
* Several big school events set in Preston
* ‘Geneva Day’ is this Saturday
* Rabies vaccinations available in Marion County this Saturday
* Pasaquan to be open for tours this Saturday
* Kinchafoonee Mudcats open season with a blast* Barkley, Middlebrooks to wed
* SCHS cheerleaders plan ‘Trunk Show Sale’
* Chattahoochee Middle School plans 6th Grade Orientation
* Retirement Reception planned for Webster 4-H assistant
* MCHS to compete in ‘National History Day’
* Webster 4-H Poultry Judging Team places 3rd
* Schley Concerned Citizens to meet soon
* Wells wins Consolation Round of Helen Drake Tournament
* Unemployment up slightly in Middle Flint Area
* Marion High Greenhouse to open for public sale
* Rabies vaccinations available in Ellaville next Saturday
* Marion High baseball team wins 2-of-3
* Schley High plans Athletic Banquet
* MMS Spring Activity is this Thursday, May 3
* PAGE Scholarship available to Marion graduates
* Title I, Migrant Program ‘Family Math & Science Night’
* Answers to Aging Seminar coming to BV
* Bake Sale to benefit ‘No Tears for Christmas’
* Marion FFA Officers attend Convention
* Head Start plans Community Appreciation Day
* LK Moss honors Posey, Findley as Students of the Week
* Tyler celebrates 7th birthday
* Jones is MMS Student of the Week
* LK Moss to celebrate end of testing with ‘Fun Day’
* Parent Support Group to meet May7th
* MCHS Council to meet May 17th
* Chamber of Commerce sponsors Egg Hunt in BV
* Carnival coming to Buena Vista next Saturday
OBITUARIES
* Norene Moore Spivey
* Bernon Wayne Hudson
* Ruby Black Aldridge
* Boyette Heath
* Annie Bradford Sales
* Henry Parris Sr.
* Jerry Wayne Kirksey
LETTERS TO THE EDITOR
* ‘Hats Off’ to Veterans
* Coalition wants district meetings with Marion Commission
OPINION COLUMNS
* Are we losing our country?
* Letter to a single mom
* You’d do well to ‘get around’ to this one
* Parental Delinquency
PLUS
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