Judge Thomas Steptoe, Jr. ruled in Circuit Court that the commission was indeed bound by the law to conduct an historic review and placed an injunction against demolition until that review took place. Next, State Senator Herb Snyder introduced a "midnight" amendment to the State preservation laws that exempted counties from the review process. During oral arguments before the Supreme Court, one Justice observed that it appeared to have been "greased." The County Commission then went back to Circuit Court to argue that under the new law, they were no longer obligated to conduct a review. The Court agreed but stayed the injunction pending appeal, which was done to the State Supreme Court.

Gallant and Whipple raised two issues before the Court. First, they argued that the amendment was unconstitutional and second, that an amended law could not be applied to a past event. The Court disagreed that the law was unconstitutional but agreed on the issue of retroactive application and stayed the injunction against demolition.

The Court's decision barring retroactive application of the new law is based on the principle of ex poste facto. Simply put, this means that you cannot apply a new law to a past event. For example, you cannot pass a law that makes it illegal to trick-or-treat, and then arrest everyone who did so last fall. Incredibly, despite the Court's clear ruling on this issue, Mike Thompson and the commissioners have publicly taken the position that by simply voting anew, they can be relieved of the high Court's mandate. They are arguing the same ex poste facto argument that they just lost.

For a complete version of the High Court's ruling go to "Supreme Court's Ruling." Although the Court ruled the Snyder Amendment was constitutional, the Justices, especially Justice McGraw are worried about the damage it will do to the State's historic treasures. His concern is so great that he wrote a concurring opinion in order to express his worries. For a complete version of his opinion go to "Justice McGraw's Opinion."