Lawsuit Hearing Set; Delays County Bond Refinancing - The Missourian: Top Stories

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Lawsuit Hearing Set; Delays County Bond Refinancing

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Posted: Sunday, August 26, 2012 8:00 am

The Missouri Supreme Court this week assigned Judge Wesley Dalton to oversee an evidentiary hearing in a lawsuit against the Franklin County Commission.

Dalton is an associate circuit judge from Warren County, part of the 12th Judicial Circuit.

The Supreme Court assigned Dalton to hold the hearing on the plaintiffs’ motion for a change of judge.

The hearing will be held Thursday, Sept. 6, at 1 p.m. in Union.

The case has been before Judge John Berkemeyer.

In July, plaintiffs Ron Keeven, Art LeBeau and Eric Reichert, all Franklin County residents, filed a motion for a change of judge, claiming Berkemeyer didn’t follow proper procedure in his dismissal of their lawsuit.

Their suit, filed pro se, or without an attorney, asks a judge to forbid the county’s policy of delegating a single person to sign contractual documents.

The lawsuit was filed over a commission order regarding refinancing of millions in lease-back bonds the county used to build roads and buildings.

The men also filed motions for a new trial and to set aside Berkemeyer’s June decision to dismiss the case.

Berkemeyer said last month at a hearing he couldn’t rule on any of the other motions since the men filed the motion for a change of judge.

The lawsuit has halted the commission’s plans to refinance the bonds.

Commissioners said previously the delay could cost the county millions in potential interest savings.

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