Concerned Citizens of Bellevue respond to motion to pull petitio - WDAM-TV 7-News, Weather, Sports-Hattiesburg, MS

Concerned Citizens of Bellevue respond to motion to pull petition for incorporation

LAMAR COUNTY, MS (WDAM) -

The Concerned Citizens of Bellevue want to make sure a new petition to incorporate can not be filed any time soon.

William Ducker, attorney for the Concerned Citizens of Bellevue, filed the answer to the motion to withdraw incorporation petitions and dismiss the case Tuesday morning in Lamar County Chancery Court.

This comes just days after the potential leaders for the City of Bellevue filed that motion without prejudice.  John Adcock, the proposed mayor for the city, said the action was made following inspection of voter rolls, causing him to believe the proponents may be in a "margin of error" with the number of signatures submitted.  Adcock told WDAM “we’re just going to get a few more and file again.  Just being cautious.”

Court documents state the Concerned Citizens of Bellevue oppose the dismissal without prejudice and request the dismissal with prejudice. 

According to the legal definition for the terms, a court case that is dismissed with prejudice means that it is dismissed permanently.  That case dismissed with prejudice is over and done with and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.

If the judge grants the dismissal without prejudice, the proposers for the incorporation of Bellevue could file a petition at any time.  Betty Arnold, chairwoman for the Concerned Citizens of Bellevue, said she hopes the approves the motion with prejudice to keep the incorporators from filing "immediately or in the near future."

Arnold said the group anticipates a hearing on this matter to take place in January. 

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