FRANKLIN COUNTY, Ky. (LEX 18) — The Supreme Court of Kentucky has denied an injunction for an emergency appeal on behalf of the outgoing Kentucky Board of Education members, stating there was no facts that there was an actual emergency in the case.

6 mins until board of ed resumes session. Fmr board member Gary Houchens tells me Supreme Court denied their appeal to nullify this meeting via injunction. @lex18news — Michael Berk (@LEX18_Michael) December 12, 2019

On Tuesday, Gov. Andy Beshear announced that he reorganized the Kentucky Board of Education. The board members responded shortly after and said they would sue Beshear.

On Wednesday, those board members that Beshear intends to replace in the reorganization were in Franklin Circuit Court wanting an injunction on the planned appointment of the new members Thursday. This temporary injunction was denied by the judge.

Originally, Wednesday's hearing was supposed to be in front of Judge Shepherd, but Shepherd asked Judge Wingate to do it instead because Wingate heard a case similar to this during Gov. Matt Bevin's term. That was when Andy Beshear, when he was Attorney General, sued former Gov. Matt Bevin for reorganizing boards. Bevin won the case and the Supreme Court determined Bevin had the authority as governor to reorganize boards.

Wingate began Wednesday's hearing by handing out that Supreme Court ruling saying Bevin had that authority. He asked why this particular case was any different.

The attorney for those Kentucky Board of Education members said Beshear cannot reorganize the Board of Education because that board is different. He said members of the Kentucky Board of Education can only be removed for cause.

Beshear's side argued that there is no difference between the case the Supreme Court ruled on and this case and that Beshear has the power to reorganize the board. The lawyer for the board argued that Bevin added members to the board and did not reorganize as Beshear intends to.

The governor's side said the Supreme Court ruling allows the governor to reorganize all education boards, therefore Beshear can do this. The issue was taken to the state Supreme Court where the motion for an emergency injunction was denied.

A spokesperson told LEX 18 that while the injunction was denied , the court has not yet ruledon the merits of the arguments that the action was illegal.

The appointment of the new members will happen when the board meets Thursday at 10 a.m.