FRANKFORT, Ky. (WDRB) -- If at first you don't succeed, try again. That is what Gov. Matt Bevin is doing in a court case he lost last month over his revamping of the University of Louisville Board of Trustees.

The governor basically says Franklin Circuit Judge Phillip Shepherd got it wrong when he ruled the governor exceeded his authority when he replaced the board.

The governor's attorney, Steve Pitt, is asking Shepherd to reverse his decision.

In that ruling, Shepherd said state law restricts the governor from firing individual trustees. Pitt argues that law does not apply in this case, because Gov. Bevin abolished the entire board and appointed a new one.

“The governor should have the right to abolish, and does have the right to abolish, an entire board. It is not the same as removal of individual members,” Pitt told WDRB following the hearing.

The Attorney General sued Bevin and won the first round.

Assistant Attorney General Mitchel Denham says Pitt’s argument is not new, and says it’s just a matter of semantics.

“The terms of those trustees that existed prior to the executive order, ended on that day. So, what he did, in effect, was he removed those board members,” said Denham.

In the meantime, U of L's original Board of Trustees continues to meet, despite having five vacancies. It appears the governor is not inclined to fill those spots anytime soon.

“I think we're going to need to wait for a ruling by Judge Shepherd on this motion before that would be considered,” said Pitt.

Shepherd says he'll issue a ruling very quickly. Whoever loses, this case will almost certainly end up in the state Supreme Court.

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