High court hears Sikeston case over Sunshine Law

JEFFERSON CITY, Mo. -- The Missouri Supreme Court heard arguments Tuesday in a case claiming the Sikeston City Council violated the state's open meetings law in 2001 when it enacted a zoning change that was fiercely opposed by neighboring property owners.

In June 2001, Greers Grove Development submitted to the Sikeston Planning and Zoning Commission a proposal to rezone 12 acres along North Main Street from agricultural to commercial. The commission rejected the request.

The city council overruled the commission in July 2001, enacting an ordinance to rezone the property. However, the ordinance was procedurally faulty, which cast its validity in doubt.

A month later, the council enacted a corrected ordinance. Days later, R.E.J. Inc., which owns property near the disputed tract, sued, claiming insufficient public notice was given prior to the council's action in violation of Missouri's open meeting law, commonly called the Sunshine Law.

In August 2002, however, the council repealed the ordinance, prompting Stoddard County Associate Circuit Court Judge Stephen Mitchell to dismiss the lawsuit on the ground that there was no longer a dispute to be settled. R.E.J. appealed, seeking reinstatement of the case.

In arguing before the Supreme Court, James Mello, the attorney for R.E.J., said the council's reversal of the ordinance doesn't make the initial action any less illegal. In court documents, Mello compared the situation to that of a thief who returns stolen property and then claims that no robbery took place.

Admits botched handling

James Robison, the private attorney representing the city, said there was no intent to violate the law, although he acknowledged the council botched its handling of the situation.

"He has talked about the secret nature, the sinister nature of what the city council did," Robison told the court. "What the city council did was screw up this thing as badly as you possibly could."

Mello dismissed the no-harm, no-foul argument, saying his clients want a court to admonish the city for violating the Sunshine Law. If the city were found to have broken the law, a court could impose a maximum $500 fine and require the city to pay the legal fees incurred by R.E.J.

During the period the rezoning was in effect, construction began on a portion of the affected property to build a new facility for the Scott County Health Department.

Robison said the plaintiff's true goal is to keep the facility from opening.

"They thought the quality of people coming to the health center aren't the quality of people they want in their neighborhood," Robison said.

The Supreme Court will issue a ruling at a later date.

The case is R.E.J. Inc. v. City of Sikeston and Greers Grove Development.

mpowers@semissourian.com

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