COMMISSION CALLS P&Z SUIT 'ELECTION EVE PLOY'

JACKSON, Mo. -- The Cape Girardeau County Commission Thursday denounced a legal challenge from planning and zoning opponents as nothing more than an "election eve ploy."

At a news conference in the commission chambers at the Cape Girardeau County Administrative Building, Presiding Commissioner Gerald Jones read a two-page statement denying any improper use of tax money.

Jones said the prosecuting attorney's office will file a motion in circuit court seeking to have the suit dismissed. Assistant Prosecuting Attorney Scott Lipke said it is too late to get the suit dismissed before Tuesday's election on county planning.

Seventy-five opponents of planning and zoning filed a lawsuit in circuit court Tuesday challenging the county commission's spending of tax dollars to develop planning and zoning regulations before voters approved the issue.

A measure on Tuesday's ballot asks voters to authorize planning. If approved by a simple majority, it would clear the way for the county commission to implement zoning restrictions in the unincorporated areas of the county.

Wording questioned

The Committee to Protect Land Owners Rights, which filed the lawsuit, also questioned the wording of the planning issue on next week's ballot. That issue wasn't part of the lawsuit, but it was raised in a letter from the committee's lawyer, Walter S. Drusch, to County Clerk Rodney Miller.

Drusch wrote that a sample ballot published in the Southeast Missourian didn't include voting instructions.

But Miller said after the news conference that the instructions are included at the top of every punch-card page containing ballot issues.

Miller said such instructions often are left off the sample ballots published in the newspaper to save space.

"There is nothing to it," said Miller, the county's chief election officer.

Jones also dismissed the opponents' criticism of the ballot wording.

No promotional spending

As to the issue of county spending, the county commission paid about $29,000 to the Southeast Missouri Regional Planning and Economic Development Commission to help draft regulations for planning and zoning in advance of the election.

The lawsuit contends the money was spent illegally since voters have yet to approve planning. The plaintiffs also contend the county spent the money in an effort to win passage of the planning measure in violation of state law.

But Jones said the county commission had every right to spend money on developing rules and regulations. None of the money went to the campaign for passage of the measure, he said.

Jones said Feb. 14 and Sept. 27 news releases by the county commission didn't push for passage of the measure. "These statements certainly did not advocate or ask for support from anyone for passage of county planning," he said.

While the county commission put the issue on the ballot and commissioners voiced support for the measure, Jones said the commission has never urged voters to cast "yes" votes.

Jones said the commission consistently has said the decision rests with the voters.

David Allen, who heads up the Committee to Protect Land Owners Rights and operates a towboat repair business in Whitewater, Mo., has spent over $3,500 of his own money on everything from yard signs to bumper stickers to defeat planning and zoning.

Campaign finance disclosure reports filed this week with the county clerk's office show that the committee itself has raised $6,983 and spent $3,750, leaving the group with a balance of $3,233.

No committee has formed in support of planning and zoning.

'It is frustrating'

Jones said planning and zoning won't lead to higher taxes as opponents have charged. The county commission, he said, can't raise taxes without voter approval.

Jones said the opponents campaign rhetoric about higher taxes is "just exasperating."

"Your public officials and county commissioners are held accountable for everything they say or do. It is frustrating when other people are not held accountable to anything they say or do," Jones said.

The presiding commissioner, who referees high school football games, said it is hard to win when one is constantly on defense. "You've got to have the ball sometimes," he said.