St. Peters found to have acted properly in information request lawsuit

Another year has come, just as another legal opinion has been delivered in support of the city of St. Peters.In a lawsuit begun in September 2007, the most recent ruling from the Missouri Court of Appeals Eastern District Division 2 affirmed the opinion of a lower court which supported the city of St. Peters’ decision to deny a request for information by the Great Rivers Environmental Law Center.

Now, in a May 2009 ruling, appellate judge, the Hon. George W. Draper III, ruled, “This court agrees with the trial court that there was not a preponderance of evidence within the stipulated facts to find the city knowingly or purposely violated the Sunshine Law because the city availed itself to the procedure of Section 610.027.6 (of the law).”

This reiterates 11th Judicial Circuit Court Judge Ted House findings handed down in September 2008, one year to the month after the suit was filed.

At issue was the law center complaint that it had sought to attain records pertaining to the city’s development of the Lakeside 370 property and was denied. This development was already the subject of another lawsuit filed by Great Rivers Habitat Alliance (GRHA) and enjoined by St. Charles County government.

As the subject matter was already in litigation, the city, after receiving the law center’s Freedom of Information Act (FOIA) request, sought the advice of the state Attorney General as to whether or not the request should be honored.

Gov. Jay Nixon was Missouri Attorney General at the time and advised the city that it would be within its rights to withhold the documents as they were also subject to an active lawsuit, protected and not subject to the FOIA request.

While the Great Rivers Environmental Law Center and Great Rivers Habitat Alliance (GRHA) are two separate entities, GRHA’s initial lawsuit was in play prior to the law center’s and remains active, awaiting a hearing by the state Supreme Court.

Meanwhile, the city is racking up legal points as the Missouri Attorney General and two courts have found the decision to withhold the requested documents to be within the bounds of the law.

St. Peters Mayor Len Pagano said, “We are very pleased that after a thoughtful and thorough review, the Court of Appeals agrees with the Circuit Court that the city of St. Peters followed the law regarding this issue.

“The city of St. Peters very conscientiously follows local, state and federal laws and regulations,” Pagano said. However, “We will continue to do what is necessary to protect the city and our residents’ interests.”

The Law Center’s original request was for documents regarding the city’s application efforts to revise a flood insurance study and rate map through the Federal Emergency Management Agency (FEMA). GRHA is challenging the constitutionality of the tax increment financing district that was formed to finance a portion of the Lakeside 370 development.