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In a letter dated November 10 confirming his intention to file for declaratory judgement, Baumgardner emphasized that he was not pursuing injunctive relief against the school board for refusing to release the documents and would not consider requesting such relief until he had a definitive ruling from Judge Robertson.
The response from the school board’s attorney appears to be an attempt to avoid that definitive ruling. Guyn asks the court to strike Baumgardner’s pleadings on the grounds that he failed to file an affidavit to support his petition.
The commonwealth’s attorney maintained this week, however, that an affadavit is required in injunctive action or with a writ of mandamus, not for a declaratory judgement.
In his motion to strike, Guyn also charged that Baumgardner's hill of
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