Both sides in the fight over the Nevada Northern rail Road could claim victory in last week’s rulings first from the Secretary of State and then from court.
Friday the Secretary of State ruled that a recall effort to throw out every elected city of Ely officer failed to garner the sufficient number of signatures to force an new round of elections.
The recall was sought by some supporters of the Railroad who believed the council’s investigation of the Railroad unfounded and unfair.
The recall drive never received official backing of the Raiscan0172lroad management board and was described as unorganized even by those who endorsed the idea in principal.
But while the Ely City Council does not had to face another election the Railroad board directors they sought to dismiss also will sat where they are according to a ruling from Senior District Judge Robert Rose.
In a short eight page ruling money Rose upheld most if not all of the manage board’s assertion that a previous attempts to fire them.
Rose ruled that the attempt by the city council was in fact a violation of the law .
click link for ruling: scan0172
“Justice Rose’s recent supplemental order represents a solid victory for the Management Board Plaintiffs in the ongoing railroad litigation,” wrote the board’s attorney Scott Husbands in an e-mail Monday. “ This is the second time that Justice Rose has ruled in favor of the Management Board. In an earlier ruling, Justice Rose found the City of Ely had violated Nevada’s Open Meeting Law repeatedly and he voided the illegal removal of Management Board members. The Management Board Plaintiffs look forward to a time when the Defendants can set aside their personal agendas and vendettas and place the Foundation’s interests ahead of their own. As always, the Management Board’s sole focus remains on preserving the viability of the Nevada Northern Railway as a historical treasure and its capacity to generate much needed revenue for the City of Ely and White Pine County.”
Husbands appeal for peace will probably fall on deaf ears at least until the ‘forensic audit is completed perhaps later this month or next month.
Indeed having both fought off attempts to remove them from the brouhaha the two contesting sides are more confident than ever that their two contradictory causes are just.
