As regular readers know, the lawsuit filed by Larry Patella, Debbie Peterson and several others was heard in Cowlitz County Superior Court today before Judge Stephen Warning and after hearing arguments from both sides, delayed the trial, rescheduling it for a ruling on March 27, 2013.
“I’m going to look hard at this. But the standard of proof in this case is ‘beyond a shadow of a doubt.’ And before I can state beyond a shadow of a doubt that something is unconstitutional — even if both parties say I should — I need to make sure I have the factual predicate,” said Judge Warning as he requested attorneys for both parties to submit briefs in the meantime.
The parties are in agreement that the current law mandating Clark County Auditor, Greg Kimsey to invalidate double signatures, including the original signature on a petition calling on the Vancouver, City Council to place on the ballot whether voters want the city contributing any funds to Portland’s light rail as unconstitutional, the basis of the lawsuit.