Earth Day 2009 Photos - Click Here

Wednesday - May 6, 2009
Citizens for the Preservation of Buehler Park planted three pin oaks to replace some of the seedlings planted in February 2008 which did not survive. We are now back up to 15 new seedlings!



BUEHLER PARK IS SAVED!

This legal battle to save Buehler Park made
possible by the Great Rivers Environmental Law Center!



Brief History of Buehler Park
Buehler Park Timeline


Rolla's Buehler Park battle & victory featured on the back cover of
Great Rivers' 2008 Third Annual Awards Dinner program booklet! (shown below)




Earth Day 2009 Photos

Great Rivers Law Firm President, Kathleen Henry and Board Member Tom Sager at the
Earth Day celebration in Columbia, Mo.


Great Rivers Law Firm display at the Missouri Science & Technology
Earth Day celebration, in Rolla, Mo.

Plant a tree for the Lorax is played like "Pin the Tail on the Donkey":
The child is blindfolded and a paper tree, which must be "planted" in the rock pile marked
"UNLESS" is placed in the child's hand. More below ...

... Carbon credits are Hershey's kisses. Game is accompanied by the telling of the
Lorax story and an explanation of carbon credits.



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.


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


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.



TUESDAY, AUGUST 7, 2007
BUEHLER PARK IS SAVED!
The City Will Not Appeal (August 21)


"Thanks everyone!"
Dr. Henry Buehler


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

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.


Click Here to Access the Latest Briefs &
Appeals Court Hearing Information



Picnic at Buehler Park
Saturday - May 19

Start gathering around 11:00 a.m.
Eat at 12 noon
Stay as long as we like!

Lots of Great Fun & Entertainment
Please Bring Your Own Food - Drinks & Dessert Provided

FFI:
Contact Elaine Grover, Director of Activism
573-364-6540


Established February 3, 2005

"The MISSION of the organization is to preserve historic
Buehler Park in accordance with the letter and spirit of the 1958 warranty deed (pdf) by which the Rolla Chamber of Commerce donated the land to the City of Rolla "for Park purposes only and none other" with the time frame specified as "FOREVER."

Contact Us!

- December 20, 2006 Legal Status Update -
Click Here


Appeals Court Hearing
Monday, June 11th - 1:30 P.M.
John Q. Hammons Office Building
300 Hammon Parkway, 3rd Floor
Springfield, MO 65806-2518

(Click Here to Access a Yahoo! Map)

Please Attend if You Can!
Contact Tom Sager for Carpool Information


Honorable Appellate Judges:
Nancy Steffen Rahmeyer (Presiding Judge)
John E. Parrish
Daniel E. Scott




FEB. 3RD CLEAN-UP DAY A SUCCESS! THANKS TO EVERYONE WHO HELPED!





Friday, September 15, 2006: Circuit Court Judge Tracy Storie rules in favor of the City of Rolla.

- READ JUDGE STORIE'S RULING HERE - (PDF - 66K)

City Attorney John Beger's Defendant's Suggestions Here (PDF - 2.7 MB)


Citizens for the Preservation of Buehler Park Bruce Morrison's Plaintiff's Brief Available Here
(PDF - 182k)

Buehler Park Trial - Friday, August 4th - 9 a.m.
Phelps County Courthouse - Rolla, Mo.
Press Release (PDF)

Click here to view PDF file of the Appeals Court's April 12, 2006 decision to reverse and
remand the Circuit Court decision.

Click here to access the website where the Appeal Court's decision is posted.


Click here to read the April 14, 2006 Rolla Daily News article.


CPBP Secretary-Treasurer Tom Sager at the September 16, 2006
Diabetes Education Fund Tour of the Ozarks event, start and finish at Buehler Park.


Buehler Park is located one block from Interstate 44 and provides an oasis of green space adjacent to the restaurant/gas station "main drag." For the sake of generating sales taxes and creating jobs, the City of Rolla wants to sell the park to a developer, who proposes to convert the 3.2 acres of green space into a restaurant district.

Where is Buehler Park? Rolla, MO?
Established February 3, 2005

"The MISSION of the organization is to preserve historic
Buehler Park in accordance with the letter and spirit of the 1958 warranty deed (pdf) by which the Rolla Chamber of Commerce donated the land to the City of Rolla "for Park purposes only and none other" with the time frame specified as "FOREVER."
Organization News


June 4th, 2005
Summerfest Pedal to the Piney
A Rolla Chamber of Commerce Event
Started at good 'ol Buehler Park



Click Here to View the
Brochure (PDF - 225k)


Letters to the Editor - Chronological Order

W.L.
Reveal Letter to the Editor
February 22, 2005

Jerry Cohen's Response to
John Miller's March 16, 2005 Letter to the Editor

Dan
Woodward Letter to the Editor
March 27, 2005

Tom
Elrod Letter to the Editor
March 27, 2005


Jerry
Cohen Letter to the Editor
April 18, 2005

Jerry Cohen's Letter to the Editor
August 14, 2005

Betty Volosin & Lois Marler - Letters to the Editor
Rolla Daily News - August 28, 2005 (PDF - 128k)


Kimberly McAdams' Letter to the Editor
September 18, 2005

Paula Ketterer's Letter to the Editor
September 25, 2005

Connie Ayers Davidson's Letter to the Editor
September 26, 2005
(PDF Version - Click Here)

Cathy Primm's Letter to the Editor
September 26, 2005
(PDF Version - Click Here)

H.S. Hall's Letter to the Editor
September 30, 2005
(PDF Version - Click Here)

Elaine Grover's January 22, 2006
Letter to the Editor


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Legal Documents - Chronological Order

Court of Appeals denies
second motion to dismiss

Sunday, September 18
Legal Update from Tom Sager

Dear Friends of Buehler Park:

The Southern District Court of Appeals has denied (see links below) a second motion to dismiss our suit filed by the City of Rolla. This one was based on a clerical error in the Court's records. The Court of Appeals in denying the City's motion, has corrected the clerical error.

Our first legal brief is due in the beginning of November.
We are expecting the Court to hold a hearing on our case in Springfield in February or March. I will post updates to this list as I receive them.

August 3rd letter from Kevin Guffey's attorneys to
tbe City of Rolla's attorneys:
Requesting the resolution of litigation be "expedited" in order for developer to proceed with project and solicitation of potential tenants
HTML Page - Scan of Actual Letter



Judge Storie's 6-14-05 Ruling to
Dismiss the Lawsuit (memo)


Tom Sager's July 28th comments/update
regarding the appeal process

Judge Storie's Judgment
(required to make the appeal possible)

Citizens for the Preservation of Buehler Park
Appeal of 6-14-05 Ruling
(PDF Version of the Appeal)

City of Rolla's Request to Dismiss the Appeal
PDF - Five Pages - 199k

Attorney Bruce Morrison's
Response to the Request for Dismissal
PDF - Eight Pages - 138k

Court of Appeals Does Not Grant City's Request for Accelerated Appeal

Proposed Option Contract Between
City of Rolla & Guffey/Thessing (Developers) PDF file

Rolla City Attorney John Beger's 18-Page Response - Click Here! (PDF - 189k)

APPELLANT'S BRIEF - PDF FILE
See Rolla City Attorney John Beger's Response (above)

John Beger Requests Extension (PDF)

Read Tom Sager's Comments


Tom Sager's Latest Report

Click here to go to the
Legal Documents page (temporary page)


Lawsuit Update
Posted Saturday, Jan. 14, 2006
By Tom Sager

Our attorney has asked the Court of Appeals for a 7-day extension until Jan 18 to file our reply brief. It will be posted on our website after it is filed.

At that point the case will be fully briefed. The court will then appoint a three judge panel to hear oral arguments in Springfield. I will keep you posted as to dates.

If you have not already done so, please consider making a contribution to our attorneys at Great Rivers. Checks can be sent to Great Rivers Environmental Law Center, 705 Olive Street, Suite 614, St. Louis, MO 63101,
314-231-4181.

Please put Buehler Park in the memo line. Great Rivers is a 501(c)(3) organization. Donations are tax deductible to the full extent of the law. Great Rivers website is
http://www.greatriverslaw.org.

Appellant's Reply Brief -
Posted January 21, 2006 (10 pages - PDF)

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Contact Us
Gerald Cohen
President

Email: gcohen@umr.edu
Tom Sager
Secretary-Treasurer

Email: yushasager@yahoo.com
Linda Novak
Vice-President


Email: lindamnovak@yahoo.com
Elaine Grover
Director of Activism


Email: winki21217@hotmail.com
Bruce Morrison, Attorney

Email: bamorrison@greatriverslaw.org

Great Rivers
Environmental Law Center

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