In yet another legal defeat for Villa Ridge residents Art LeBeau and Eric Reichert, the Missouri Supreme Court has denied a writ of mandamus to prohibit the county from seizing personal property to recoup court ordered restitution.
The decision to deny the writ came Feb. 2, in relation to a lawsuit filed by the pair in late 2015 that was officially dismissed last November.
The lawsuit claimed Franklin County illegally set up its municipal court in 2012 and County Counselor Mark Vincent unlawfully hired a lobbying firm to assist in the court’s creation.
During the course of the lawsuit, Reichert and LeBeau purposely missed a deposition claiming Steven Kuenzel, the attorney representing Vincent on behalf of the county, had no legal standing in the case.
When the case was dismissed by Judge Ada Brehe-Krueger, the pair were also ordered to reimburse Vincent and the county for missing the depositions.
When they refused, an execution order was granted to seize LeBeau’s car to recoup the $1,600 he was ordered to pay.
LeBeau’s reply to the execution order was the writ of mandamus, originally submitted to the Franklin County circuit court, but due to it not being prepared correctly, it was only attached to the original case as a footnote.
To be done properly, it would have had to be filed as a separate case including a filing fee.
Instead, LeBeau submitted the writ to the Supreme Court where it was shot down as well.
In the writ, LeBeau lists several reasons why he disagrees with Judge Brehe-Krueger’s original decision and documents other court cases proving his points.
He again evokes that Steven Kuenzel had no legal standing in the case since he was hired to represent the county only and not Vincent in particular.
He also argues the execution order was filed and granted even before they had a chance to appeal the judge’s November ruling.
Other errors are also alleged to be on the execution order including the incorrect attorney and address for the filing party.
In the writ LeBeau also reiterates his disdain for Judge Brehe-Krueger and says that the court exudes contempt toward the plaintiffs and lacks jurisdiction in the matter because their request for a change of judge was denied.
Also included in the writ, LeBeau attempts to turn the tables on the county requesting the Supreme Court impose monetary sanctions against Vincent and disciplinary action be taken against Judge Brehe-Krueger.