A legal fight over Starkville’s mayoral election will return to circuit court after the Mississippi Supreme Court denied an interlocutory appeal and recognition of stay Mayor Lynn Spruill filed against former campaign opponent Johnny Moore in September.

The ruling means the case will return to the Oktibbeha County Circuit Court where Special Judge Barry Ford will hear the case, explained Moore’s attorney William Starks.

Attorneys Jim Mozingo and Lydia Quarles, representing Spruill, filed the appeal in early September. The appeal asked the court to find that Moore sidestepped an established process allowing political parties to handle questions or complaints raised in their own primaries.

The Supreme Court’s decision, signed by Presiding Justice James W. Kitchens, simply denies Spruill’s appeal, and does not speak to the rest of the case.

Spruill said she’s still confident the final decision on the case in circuit court will fall in her favor.

“While I was hoping for a different outcome from the Supreme Court, I knew it was a longshot,” she said. “We will proceed with the court case and I anticipate the ultimate result of the challenge will see no change in determining the winner of the election.”

Spruill beat Moore by six votes in May’s Democratic Party runoff after securing 47 percent of the primary’s three-way race.

Moore challenged the results, citing improperly accepted and rejected absentee and affidavit ballots, among other issues. It calls for the acceptance of proper ballots and the possibility of a third mayoral election if the true will of voters cannot be determined.

Spruill has served as Starkville’s Mayor since July.

In a July hearing, Ford ruled Moore’s challenge may proceed after Spruill’s counsel argued the court had a limited jurisdiction and could only review action taken by the Starkville Democratic Municipal Executive Committee after the election.

Starks moved the challenge to circuit court the day before Starkville Democrats were set to hold a hearing on the issue.

Spruill’s attorneys argued in their appeal the political party hearing the grievance was a prerequisite to moving judicial review.

Alex Holloway was formerly a reporter with The Dispatch.