Hayden (670 KBOI News) – Here’s a follow-up to a story we had for you last November.
A North Idaho couple is appealing a federal judge’s decision which overturned a jury decision, which said they have a right to build a huge Christmas light display each year.
Jeremy Dys with constitutional law firm the First Liberty Institute represents Jeremy and Kristy Morris…he says Judge Lynn Winmill overturned the jury’s decision last month.
“He contradicted himself,” said Dys. “From the summary judgment hearing, where he said that a reasonable jury could in fact find in favor of the Morrises, he basically turned that completely around and said ‘this is unreasonable for them to find in this way’. He basically overruled what the jury found, and that’s very dangerous to our democracy.”
The Moirrises are appealing to the 9th Circuit Court…Dys says it’ll probably be a year or so before the case is actually argued.
Dys says the Christmas display wasn’t just pretty lights, it was a fundraiser for children’s cancer treatments…and Winmill’s ruling has put a stop to that, too.
