... And Escalating, As Governor Steve Beshear Counter Sues Senate President David Williams ... .

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Read more from Herald Leader.

Here's an excerpt:

On Monday, Beshear asked the judge in a counter-suit to dismiss Williams' case, in part because the road plan passed the legislature after 12 a.m. on April 16 -- and the constitution required the General Assembly to adjourn at the end of April 15. The legislature gets 60 days to do its business in even-numbered years.

The House and Senate had not finished their work and ordered the clocks stopped in their chambers in the final hours of the 2008 session, so that midnight would not happen until they were ready for it. They continued to pass bills until about 1 a.m. on the 61st day.

Nice try, the governor said in his claim.

"By operation of Section 42 of the Kentucky Constitution, the Kentucky General Assembly ceased to exist after 11:59:59 p.m. on April 15, 2008."

Editor's comment: Kentucky Constitution, Article 42, provides:

The members of the General Assembly shall severally receive from the State Treasury compensation for their services: Provided, No change shall take effect during the session at which it is made; nor shall a session occurring in odd-numbered years extend beyond March 30; nor shall a session of the General Assembly continue beyond sixty legislative days nor shall it extend beyond April 15; these limitations as to length of session shall not apply to the Senate when sitting as a court of impeachment. A legislative day shall be construed to mean a calendar day, exclusive of Sundays, legal holidays, or any day on which neither House meets.

It will be interesting to see how this case is decided, but it is hard to see how the April 15th date is NOT the ULTIMATE Sine Die day for the General Assembly, UNLESS and ONLY UNLESS there is a dispute as to what a calendar day means (reasonable minds CANNOT disagree on this one!), or there were "Sundays, legal holidays, or any day on which neither House meets" that will somehow extend the April 15th date (NOT likely!!)