Daily Independent (Ashland, KY)

Local News

January 9, 2013

Appeals court to hear former Greenup principal’s case

BARDWELL — The Kentucky Court of Appeals will convene today in this far western Kentucky city to consider a former Greenup County principal’s challenge to a lower court ruling that upheld his demotion.

A three-judge panel of the appeals court will hear oral arguments in the case of Phillip Tracy Claxon v. Board of Education of Greenup County, Ky., according to a news release from the state Administrative Office of the Courts.

Claxon, a former Wurtland Middle School principal, filed suit against the board and Superintendent Steve Hall following his demotion in 2010. Special Judge Rebecca Phillips entered a judgment in Greenup Circuit Court upholding the board’s action in September 2011.

At issue in the appeal are sufficiency of notice and substantiality of evidence, according to the AOC. The panel hearing the appeal will be comprised of Judges Irv Maze, Donna L. Dixon and Christopher Shea Nickell, with Maze presiding.

The school board is represented in the case by attorney James Lyon Jr. of Greenup. Claxon is represented by Arthur Brooks and Joleen McComb of Lexington.

The hearing is scheduled to begin at 10 central time this morning at the Carlisle County Courthouse. Carlisle County is in the extreme western portion of the commonwealth, along the Missouri border.

Nearly all cases heard by the appeals court come to it on appeal from a lower court. If a case is tried in a circuit or district court, and the losing party or parties aren’t satisfied with the outcome, they may ask for a higher court to review the trial court’s decision.

A total of 14 judges, two from each appellate district, serve on the appeals court. The judges are divided into panels of three to decide cases, with the majority determining a decision.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.

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