PLANNING AND ZONING OPPONENTS VOW TO CONTINUE LEGAL CHALLENGE

JACKSON, Mo. -- Tuesday's defeat of a measure to impose planning and zoning in unincorporated areas of Cape Girardeau County won't put an end to a pre-election lawsuit brought by planning and zoning opponents against the County Commission.

David Allen, chairman of the Committee to Protect Land Owners rights, the group that brought the pre-election lawsuit, vowed Wednesday to continue the legal challenge.

The lawsuit, filed last week in circuit court, contends the commission illegally spent about $29,000 in tax money to develop proposed planning and zoning regulations in advance of the election.

The suit also charges that the money constituted the illegal spending of public funds to support a ballot measure.

County commissioners have defended their action, insisting that they had the legal authority to contract with Southeast Missouri Regional Planning and Economic Development Commission to assist in drafting planning and zoning regulations.

Allen, who lives in Jackson, Mo., and operates a towboat repair business in Whitewater, Mo., joined with 74 other taxpayers in filing the lawsuit.

Allen said the lawsuit wasn't an election eve scheme to defeat planning and zoning as county commissioners had charged.

Voters overwhelmingly rejected county planning. But that doesn't address the legal questions about the spending of tax dollars, Allen said.

"I feel like there was still taxpayers' money that was spent unwisely and illegally," he said.

The lawsuit asks the circuit court to investigate and rule on the issue.

The county commission intends to file a lawsuit seeking to dismiss the lawsuit. "We are still going to move for dismissal on the grounds it is baseless," said Presiding Commissioner Gerald Jones.

Jones said he doesn't understand why planning and zoning opponents don't drop the suit. "They made their point last night in the ballot box," he said Wednesday.

He said the prosecuting attorney's office and the county commission have made it clear that the money was spent legally.

But opponents see it differently. Cape Girardeau lawyer Walter S. Drusch represents the plaintiffs in the suit.

"No, it's not going to stop. We didn't start to quit," he said.

Circuit Judge William L. Syler is scheduled to hear the case. But he said he and Circuit Judge John Grimm probably would recuse themselves if the lawsuit proceeds.

If the local judges remove themselves, the state courts administrator's office would assign an outside judge to hear the case.