A state appeals court will hear arguments Wednesday to overturn a judge's ruling upholding the Lafayette city-parish council's fix of errors in a voter-approved government change, expediting the case that threatened to delay local elections.

The hearing before a three-judge panel of the Third Circuit Court of Appeal in Lake Charles is set for 10 a.m., the court announced Friday. Judge John Saunders, Judge Sylvia Cooks and Judge D. Kent Savoie will serve on the panel to hear the appeal.

The hearing follows an appeal filed of 15th Judicial District Judge John Trahan's May 8 ruling that upheld the city-parish council's ordinance fixing errors in a charter amendment adopted in December by voters. The amendment that created separate city and parish councils included errors, such as leaving 330 registered voters without a council district.

The council's redistricting ordinance, which was passed in March, corrects the issues with the districts established for the new separate city and parish councils.

Lafayette businessman Keith Kishbaugh filed a lawsuit challenging the council's actions, arguing the fix couldn't be made by ordinance; it had to be approved by voters. Secretary of State Kyle Ardoin joined in the case challenging the council's actions, and Trahan sided with the council after an all-day hearing.

Lafayette attorney Lane Roy, representing Kishbaugh, said the appellants believe that Trahan misapplied the law and that their case stands a better chance in the Court of Appeal given the way it approaches issues of legal interpretation.

"We believe that he misapplied the law when it comes to a legal decision, a decision of law, not fact. The Court of Appeal looks at that brand new," Roy said. "They don’t have to give any deference to the trial court’s ruling.

"Giving deference to the trial court would mean that we’ve got to convince them that it was wrong. You don’t have to just disagree; you have to believe they were clearly wrong," he added. "We do not have that deference in a matter of legal interpretation. That starts from square one."

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Attorney Gary McGoffin, who represents six Lafayette residents who were excluded from the new council districts and left without a vote before the charter was amended in March, said the court's decision to expedite the appeal was gratifying given the weight of the ruling's implications. He added that Trahan's ruling was justified on the grounds that the flawed districts constituted a clerical error and therefore can be fixed by ordinance.

"When we went to trial, Judge Trahan listened and came back and said that this was a clerical error, that there was nothing nefarious and that the intent of the council, in promulgating this to voters and establishing the district lines, was through the use of the maps that had been produced."

That ruling then was appealed, but there have been concerns that the case could drag on, impacting Aug. 6 qualifying for local elections scheduled in October.

"We hereby grant the request for expedited consideration of this appeal," the three appellant judges wrote in a filing Friday.

The parties must file written arguments in the case before Wednesday's hearing.

Both McGoffin and Roy have said they will likely take the Court of Appeal's decision to the Louisiana Supreme Court, should the court rule in the other's favor.