GRAND RAPIDS, Mich. (WOOD) — The Michigan Court of Appeals has thrown out part of an order that told the Ottawa County Board of Commissioners it could not fire the county’s top health officer.

A Tuesday ruling from the appeals court vacated part of an April order by Judge Jenny McNeill telling the board and county it could not fire Adeline Hambley while her lawsuit against commissioners proceeded.

Hambley’s attorney Sarah Howard told News 8 part of the injunction remains, saying the commissioners cannot fire Hambley without showing cause under state law. Howard told News 8 that Hambley is still the health officer as a matter of law.

The appeals court also granted county leaders’ motion to appeal Hambley’s wins so far and its motion to expedite, essentially speeding up the next steps of the legal process. The commissioners’ lawyers must submit their brief on their appeal within 35 days and Hambley’s attorneys must respond within 21 days after that.

In February, Hambley sued the conservative Ottawa Impact-backed commissioners who moved in their first meeting in January to oust her. Her suit argued that state law prohibits the firing of a health officer without cause to prevent the health officer from doing her duties. It says that the commissioners have not produced evidence that Hambley is not doing her job.

The board’s attorney, David Kallman, argued Hambley’s appointment by the former board in December, before the new board took over, required a second vote following certain benchmarks, like confirmation of Hambley’s credentials by the state health department. Instead, Kallman said, the then-board chair simply signed a resolution once the contingencies were met.

Hambley’s lawyers said no requirements were dropped.

McNeill sided with Hambley in granting the injunction while the suit moved forward. The Appeals Court disagreed McNeill’s decision and eliminated that injunction.

“We are pleased the COA agreed with our legal position and analysis, and so quickly vacated the Trial Court’s opinion as to (commissioners’) authority as a Board,” Kallman said in an email sent to News 8 Wednesday.

He said he was confident the court appeals would side with the county leaders moving forward.

The Ottawa Impact commissioners voted in January to appoint Nathaniel Kelly, who has been critical of coronavirus mitigation measures, to replace Hambley. That appointment must be approved by the state health department, which as of Wednesday had not received his application.