JUDGE DELAYS HEARING ON P AND Z LAWSUIT

JACKSON, Mo. -- An associate circuit judge Wednesday delayed a hearing on the Cape Girardeau County Commission's motion to dismiss a lawsuit that accuses the commission of illegally spending money to develop planning and zoning regulations.

Scott County Judge Hense Winchester convened the hearing at the Cape Girardeau County Courthouse in Jackson, then rescheduled it for Feb. 27. The judge's action came after plaintiffs' attorney Walter S. Drusch amended the lawsuit earlier in the day. Drusch represents the 75 planning and zoning opponents who filed the lawsuit on Oct. 31.

Assistant Prosecuting Attorney Scott Lipke received a copy of the amended petition when he walked into the courtroom. He said he needed time to respond to the revised lawsuit.

Lipke said he wants the suit dismissed and won't have the county commissioners respond to any written questions from Drusch until the judge has ruled on the county's motion.

Lipke also said he might submit written questions to all 75 plaintiffs.

"You are entitled to waste all the time you want to," Drusch said.

But Lipke said he just wants the lawsuit "to go away."

The commission contends there's no merit to the lawsuit, which asks the circuit court to investigate the allegations. The lawsuit was filed only days before voters rejected a ballot measure that sought to implement zoning restrictions in unincorporated areas of the county.

The lawsuit charges the county commission violated a state law governing first-class counties when it paid over $29,000 to the Southeast Missouri Regional Planning and Economic Development Commission to develop planning and zoning regulations prior to the election.

State law section 64.211 only allows money to be spent to develop a plan after voters have approved planning, the lawsuit states.

The county commission has cited a different statute, 64.275, that allows a temporary planning commission to spend money to develop a plan. The planning commission was established shortly before Cape Girardeau County moved from second-class to first-class status.

The lawsuit argues the money spent by the commission also violates state law prohibiting the spending of public funds in support of a ballot measure.