Appellate Court Uphold's Judge Toth's Temporary Injunction!

We received word on Thursday the 11th of March that the Appellate Court upheld the injunction Judge Toth issued last May which put our kids back in school. There were three judges that reviewed the case and they unanimously supported Judge Toth in his issuance of the temporary injunction. What is also interesting is the desicion by the Appellate Court not to publish their decision. This probably means that they do not feel that the decision is significant from a case law perspective. To us this is important because it means that even if the School Board were to appeal the Appellate decision to the State Supreme Court, it is unlikely that the State Supreme Court would agree to hear the appeal.

A requirement that must be met for an injunction to be legally founded is that the plaintiffs (the parents) must in the Judge's opinion have a strong enough argument or case that he feels they may prevail in court when the issue gets a complete and formal review. The Appellate Court (three judges) unanimously agreed with Judge Toth's preliminary judgment in this regard.

We also believe that Judge Toth has purposely delayed rendering a final decision on our case because he was awaiting the Appellate Court's decision on his issuance of the injunction. We hope we will get his final decision very soon now.

The fact that the Appellate Court has upheld Judge Toth's preliminary decision (the injunction) should convince even the school board that appealing his final decision (which should be in our favor) will be futile. We will see. To date, very few of their decisions have seem to contain logic and reason. I am sure their attorney is willing to do what ever it takes to protect his pride. Its making him a great living! Their attorney should have advised them last April that the expulsions were legally unfounded, but I believe his pride clouded his judgment then as well.