New developments in the case:
The redistricting plan, approved in 2003 and set to take effect with the November 2007 elections. The local law reduces the number of legislators from 21 to 17 and the number of districts from 10 to seven.
County Attorney Dennis Tobolski said there is a motion by Charles Krause (county legislator, R-Great Valley) to join the case as a plaintiff. Tobolski said the motion was made through Wright’s attorney, Christopher Moen of Willamsville.
“The judge will have to decide on that as part of the overall decision,” Tobolski said of Krause’s motion. “I pointed out to the judge that would appear to make Mr. Krause both a plaintiff and a defendant in the same lawsuit.”
When the legislature approved the redistricting plan May 14, 2003, Krause and Randolph Legislator Howard “Bud” Zollinger voted against it.
“In 2003, I voted against it then. I knew it was wrong. I’ve done it in good conscience. It was wrong and I still feel that way,” Krause said.
State Supreme Court Judge Larry M. Himelein gave Mr. Moen 10 days to submit “a legal brief on court cases supporting his position” of Mr. David Wright’s, (Machias), civil lawsuit that the 2003 redistricting plan is not valid due to a law that allows reapportionment once every 10 years.