SUIT AGAINST COUNTY P&Z ACTION LINGERS

JACKSON, Mo. -- Cape Girardeau County's presiding commissioner says he won't "admit guilt" to end a lawsuit brought by planning and zoning opponents but might agree to have the judge investigate the allegations as requested in the lawsuit.

Gerald Jones testified Friday at a hearing in circuit court in Jackson in a lawsuit that accuses the county commission of illegally spending money to develop planning and zoning regulations.

As he left the courthouse, Jones insisted the commission acted properly and wants the 6-month-old lawsuit brought to an end.

The plaintiffs' lawyer, Walter S. Drusch, said his clients want Scott County Associate Circuit Judge Hense Winchester, who is hearing the lawsuit, to investigate the allegations raised in the suit.

State law provides for a court investigation of a county commission contract provided that suit is brought by at least 50 taxpayers of that county. The lawsuit, filed on Oct. 31, has 75 plaintiffs.

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

The plaintiffs want the judge to rule that the spending was illegal and order whatever relief the judge finds appropriate. The plaintiffs also want the county to pay their court costs.

At issue in the suit are two state laws.

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

The county commission cites a different statute, 64.275, that allows a temporary planning commission to spend money to develop a plan. That law applies to second-class counties.

The planning commission was established shortly before Cape Girardeau County moved from second- to first-class status, commissioners said.

But nearly six months after Cape Girardeau County voters defeated a proposal to enact planning and zoning in unincorporated areas, the lawsuit over the never implemented regulations lingers with both sides accusing the other of delaying tactics.

Plaintiffs must respond

The latest legal skirmish in the case occurred at Friday's hearing. Winchester ruled that the 75 plaintiffs in the lawsuit against the Cape Girardeau County Commission must answer 13 questions submitted in writing by the commission's attorney, Assistant Prosecuting Attorney Scott Lipke.

The judge rejected seven other questions posed by Lipke.

Drusch argued that all 75 plaintiffs shouldn't have to answer the written questions. "I think it is oppressive," he said.

Drusch suggested that answers be filed by only four to 10 of the plaintiffs.

"I think a lot of this is foolishness," said Drusch. "They don't need to hear from 75 people."

But the judge said Lipke and the commission are entitled to responses from all of the plaintiffs, preferably within the next 30 days.

Drusch suggested that the commission believes that some of the plaintiffs never intended to continue the legal battle.

Under questioning from Drusch, Jones testified that he had spoken to one of the plaintiffs who questioned why the lawsuit hadn't been dismissed. Jones said he didn't solicit the comment.

"Under advice of my attorney, I was told not to say anything to those individuals," Jones said.

The presiding commissioner told the court that his cousin is one of the plaintiffs. "I did wonder why my cousin was on the list," said Jones, his remark prompting laughter from the handful of plaintiffs in attendance.