COURTS: COUNTY FILES MOTION TO DISMISS P&Z SUIT

JACKSON, Mo. -- The Cape Girardeau County Commission on Monday filed a motion to dismiss a lawsuit brought against the county by opponents of countywide planning and zoning.

The suit questions the propriety and good faith of the commission in contracting with the Southeast Missouri Regional Planning and Economic Development Commission to prepare planning and zoning regulations in advance of the Nov. 7 election.

The attempt to institute countywide planning and zoning failed in the election. Opponents of planning and zoning filed the suit one week before the election, contending the commission illegally spent $29,000 in public funds to support a ballot measure.

In its motion filed with the circuit court of Cape Gir-ardeau County, the county commission maintains that the suit does not demonstrate that preparation of the regulations "was used to further the ballot measure." The motion also states the plaintiffs have failed to show the commission did not enter into the contract in good faith and with "due regard for the best interest of the county." Both must be shown in order to violate the section of Missouri law the suit cites, according to the county.

The motion was filed by Assistant Prosecuting Attorney Scott A. Lipke.