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Burgess appeal still pending with Supreme Court

POSTED: October 20, 2012 7:00 a.m.

An appeal by Douglas Burgess to the Supreme Court of Georgia still is pending, according to Burgess, who is appealing a September 2011 decision by the Liberty County Board of Elections to deny his eligibility to run for the District 4 seat on the Hinesville City Council.

According to court documents, the oral arguments for Burgess vs. Liberty County Board of Elections were heard by the state’s highest court Oct. 2.

Burgess, who represented himself, said he was told a decision would be made by Friday, Oct. 12.

However, when he had not heard from the court, he called Wednesday morning and was told a decision still is pending.

According to court papers, the Liberty County Board of Elections ruled that Burgess did not qualify for a Hinesville office because he had not lived in the city one year prior to the Nov. 8, 2011, election.

Evidence presented to the board in early October 2011 by a local resident said Burgess was serving as a member of the Allenhurst City Council until March 2011, and therefore could not have been living in Hinesville at the time.

Burgess contended that he has lived in Hinesville since November 2009 and appealed to the Liberty County Superior Court.

Before his appeal was heard, the board of elections heard additional evidence from another local resident.

Burgess was not present at this hearing, so the court later ruled his appeal to the earlier decision was moot because he had not appealed the subsequent decision.

Burgess said he then appealed to the Supreme Court.

 

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