Official: Court Dismisses Suit Against County - The Missourian: County

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Official: Court Dismisses Suit Against County

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Posted: Saturday, April 6, 2013 5:15 am

A lawsuit against the county’s new municipal court was dismissed Friday morning, according to Presiding County Commissioner John Griesheimer.

Associate Circuit Court Judge Robert D. Schollmeyer ruled completely in the county’s favor, Griesheimer added.

He said he has been advised by the county’s counselor that the plaintiffs now have 10 days to appeal.

The plaintiffs, a group of county residents, represented themselves in the lawsuit and contended that the county’s new municipal court was illegally created.

They argued that a bill authorizing the court violated state law.

Plaintiff Art LeBeau said that state law only allows for a bill to deal with one subject matter, and by adding the language about the municipal court, the bill had two subject matters.

LeBeau said the plaintiffs are considering an appeal to the Missouri Court of Appeals in St. Louis.

The original bill dealt with juvenile court. Griesheimer has said it made sense to add the municipal court language to that bill since it dealt with courts.

The case had already been dismissed in January, but the plaintiffs amended their lawsuit, and now it has been dismissed again, Griesheimer said.

LeBeau said the judge dismissed the case for lack of standing to sue, which is what it was dismissed for the first time. Lack of standing means that the plaintiffs had not been directly affected by the new municipal court, such as being defendants in it.

LeBeau said, “It’s the same old junk,” adding that instead of ruling on the merits of the case, the judge simply said the plaintiffs did not have grounds to sue.

If the plaintiffs had an attorney, LeBeau said he believes his side would have won.

But he said he did not have several thousand dollars to spend for an attorney.

“Who has that kind of money?” LeBeau asked.

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