“We believe Judge Stewart correctly dismissed the case,” Black’s office said. “… we look forward to continuing the discussions regarding the Vidalia onion pack date in appellate court.”
Bland’s attorney said Judge Stewart’s order cleared the way to ship before April 21.
“The main thing is this provides a judge’s clarification of what the first judge said,” said Michael Bowers, Bland’s attorney. “The judge today did not give us what we asked for because he said we already had it.”
Judge Stewart’s decision states he dismissed Bland’s case because of the pending appeal. The decision also states twice that Judge Wright’s ruling included an injunction barring the commissioner from enforcing the new rule.