By MATT PIKE
St. Joseph School District Board of Education member Kim Miller's attorney has filed a motion to dismiss the Quo Warranto lawsuit currently against Miller.
On Monday, Miller's attorney Jeffrey Davison filed the motion on the basis the Quo Warranto lawsuit lacks understanding, a lack of subject matter jurisdiction and authority to adjudicate the matter. According to court documents, Davison claims that the five individuals that filed the lawsuit do not have the right or authorization to do so.
Davison said in the motion that "Missouri law is clear that quo warranto is a sovereign remedy that may be invoked only by the State of Missouri, acting through the Attorney General or a local prosecuting attorney."
The five individuals, St. Joseph School District teacher Dakota Allen, community member Sydney Pinion, Cydney Puckett with Herzog free SJSD, school district parent Stacie Sanders, and board of education member and former President LaTonya Williams, filed the lawsuit challenging Miller's ability to serve on the board following a Missouri Constitution violation that occurred during the March 24th board meeting.
The lawsuit hearing will take place at 1 p.m today at the Buchanan County Courthouse in Division 1.
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