Sunshine Law suit gets appeals court date

Oral arguments in the appeal of Cape Girardeau 2nd District Commissioner Jay Purcell's lawsuit against the Cape Girardeau County Commission have been set for April 29 in Farmington, Mo. Purcell lost the suit, filed May 14, when Circuit Court Judge Stephen Mitchell ruled against him Oct. 24, saying the commission did not intend to break the law when it had a closed-door meeting April 17 to discuss a road easement and confront county Auditor David Ludwig for inappropriately using his county computer. A legal brief submitted by Purcell's attorney, J.P. Clubb, is asking Eastern District Court of Appeals to agree that the April 17 meeting was improper, that the commissioners' discussion of topics not included on that day's agenda was inappropriate and that the lack of intent does not excuse them. Jean Maneke, the attorney for the Missouri Press Association, in a separate filing, asked the court to make it clear that government bodies cannot use "potential litigation" as the reason for closing a meeting. Eastern District Chief Judge Nannette A. Baker will hear the case, along with Judge Patricia L. Cohen and Judge Kurt S. Odenwald.