This legal battle to save Buehler Park made
possible by the Great Rivers Environmental Law Center!
Buehler Park is the feature story in the Fall 2007 Great Rivers Environmental Law Center Reporter
http://greatriverslaw.org/documents/GRReporterFall07.pdf.
The Reporter features a photo of our September celebration in Buehler Park and points out that
"[the Buehler Park case] resulted in a court opinion stating that the users of
public property can sue to uphold that use. This is the first time a Missouri court has
decided this issue in this way since 1910."
This is truly a landmark decision of which all supporters of Buehler Park should be proud.
Well-known Missouri artist, Dan Woodward, has donated the work of art,
"A Dinosaur Saved From Extinction," to Great Rivers to commemorate the
Buehler Park Court victory. This work of art, featuring one of Buehler
Park's playground dinosaurs, is displayed at
http://greatriverslaw.org/images/ADinosaurSavedFromExtinction.JPG.
To bid on this picture contact Great Rivers:
dottie@greatriverslaw.org,
314-231-4181.
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OPINION: DOES THE COURT SYSTEM WORK?
BY TOM SAGER
NOVEMBER 27, 2007
CITIZENS FOR THE PRESERVATION
OF BUEHLER PARK MEETING:
THURSDAY, DECEMBER 6 - 7:00 PM
BASEMENT OF ROLLA PUBLIC LIBRARY
Now that we have accomplished our major objective of acquiring an injunction preventing the City of Rolla from selling Buehler Park, we need to discuss our future objectives and ways to accomplish them. If you are a member, please try to come to this meeting. If you are not a member, please consider joining our organization.
Our tentative agenda is:
a. Election of a President
b. Consideration of changes to our organizational structure.
c. Brainstorming on future objectives and means for accomplishing them.
TOM SAGER
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THE HON. JUDGE TRACY L. STORIE ISSUES JUDGMENT AND INJUNCTION
On October 29th, the Honorable Circuit Judge, Tracy L. Storie, issued a judgment in accordance with the instructions from the Court of Appeals.
The judgment reads:
NOW ON THIS 29th DAY OF OCTOBER, 2007, the Court, enters judgment for plaintiffs and against defendants on plaintiffs' petition for declaratory and injunctive relief.
The Court further ORDERS, ADJUDGES AND DECREES as follows:
The 1958 warranty deed between the Rolla Chamber of Commerce and
the City of Rolla dedicates the Buehler Park property to public use as
a public park; and The City of Rolla is enjoined from taking action that is
inconsistent with the property's use as a public park.
Costs are taxed to defendants.
Attached is an 8 1/2 by 11 copy in pdf format suitable for framing and displaying in public places.
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TUESDAY, AUGUST 7, 2007
BUEHLER PARK IS SAVED!
The City Will Not Appeal (August 21)
Thanks everyone!
Dear Friends of Buehler Park:
Today the Court of Appeals ruled, 'We find that the 1958 "Warranty
Deed" dedicated the Park property to public use. The judgment of the
trial court is reversed with directions to the trial court to enter
judgment consistent with this opinion, declaring the property as a
public park, and grant the injunction to
prohibit the City from doing
otherwise.'
Ruling is posted HERE
"The City has 15 days in which to file a motion
for rehearing and/or transfer to the Supreme Court."
Thank you for all your support for Buehler Park.
More on this ruling later.
-Tom Sager-
City Will Not Appeal - Buehler Park Decision is Final
August 21, 2007 - Rolla Daily News
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Alan Lewis Gerstenecker, Editor
On a night when the City Council approved a tax levy of .739, voted to extend Fidelity Communications contract with the city for another 10 years, members emerged from executive session and unanimously voted not to challenge the Missouri Appeals Court’s decision on Buehler Park.
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Click Here to Access the Latest Briefs &
Appeals Court Hearing Information
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