Lawsuit Over Order to Move Ahead With Refinancing Amended

Plaintiffs in a lawsuit filed against the Franklin County Commission recently said they are now seeking a permanent injunction.

Art LeBeau, Ron Keeven and Eric Reichert filed a motion to amend their previous petition for an injunction this week.

The document submitted to the court states that the men want a judge to prevent the commission from empowering only one member — the presiding commissioner — from signing contracts and documents regarding refinancing of certificates of participation, or COPs.

Following the original injunction request in early May, the county filed a response, asking for the lawsuit to be dismissed or for a $2 million bond to be granted.

LeBeau Tuesday said county officials and The Missourian didn’t understand the injunction request.

He said the men took issue with the ceding of authority, not with the COP refinancing itself.

County Counselor Mark Vincent previously said the county regularly passes resolutions and orders authorizing a single signature on contractual documents.

The plaintiffs also have been vocal in their opposition to the COPs and their use in the county’s building and road paving programs over the past several years.

Presiding Commissioner John Griesheimer said the correlation between their objections to COPs and the choice of the specific order regarding the COPs was not a coincidence.

Vincent said the county was seeking the $2 million bond as a way to assure that it can recoup any potential savings lost if the county is unable to refinance the COPs while the injunction is being considered by a judge.

The plaintiff’s latest filing was critical of Vincent’s motion to dismiss, calling claims that the men’s filing was vindictive and interfering with county business operations potentially libelous.

The case has bounced from division to division within the 20th Judicial Circuit in recent weeks. This week the case was assigned to Judge John Berkemeyer of Hermann.

No court date for the case has been set.