Posted on 06/18/2011 8:11:12 AM PDT by marktwain
Earlier today, Chief Judge John P. Bailey of the U.S. District Court for the Northern District of West Virginia entered an order denying the City of Martinsburg's motion to dismiss WVCDL's lawsuit challenging the constitutionality and statutory validity of Martinsburg's city building gun ban ordinance.
In his order, Judge Bailey found that WVCDL had clearly established standing to sue and requested supplemental briefing on whether he should defer further proceedings on WVCDL's federal constitutional claims and direct WVCDL to separately litigate its state law claims in state court and then return to federal court to litigate its federal constitutional claims if necessary after state court litigation. WVCDL has 14 days to respond to this matter.
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