Dear Friends of Buehler Park:
I wish you a very happy Holiday Season whether you celebrate Christmas, Eid, Kwanzaa, Chanukah, New Year's, or all of the above.
Appeals move slowly, and not much has happened in the past two months, but I wanted to get out a short notice before the end of the year.
The City of Rolla moved to expedite the case; but the Court of Appeals denied their motion, so here is an approximate schedule: Briefs will probably be due in March, followed by a hearing in Springfield, and then a decision by the Court of Appeals, perhaps by early summer.
If you missed my previous update, in September, The Honorable Judge Tracy L. Storie ruled that although we have standing to sue, the city of Rolla can still sell Buehler Park because the Warranty deed does not mean what it says; that Buehler Park was not really "conveyed to the City of Rolla, Missouri for Park purposes only and none other, and to be known as Buehler Park. ... FOREVER,"
It is important to remember that it took almost 10 years for the courts to grant us standing, and the only Appeals Court Judge to have ruled on the issue of the dedication, opined in our favor. We are optimistic that the Court of Appeals will affirm Appellate Judge Phillip R. Garrison's 1998 dissenting opinion "that [Buehler Park] was, in fact, dedicated to the public."
Appeals are expensive, so once again I am asking that if you haven't contributed recently, please consider a tax-deductible donation to our attorneys at Great Rivers Environmental Law Center.
As a public interest environmental law center, Great Rivers does not charge for its services.
They are funded almost entirely through public donations.
Checks should be made out to
Great Rivers Environmental Law Center with Buehler Park in the memo line.
Donations can be sent to:
Great Rivers Environmental Law Center
705 Olive Street, Suite 614
St. Louis, MO 63101
Great Rivers is a 501(c)(3) organization and donations are tax deductible to the full extent of the law.
Have a great day and thanks for your support for Buehler Park.
Tom Sager, Secretary/Treasurer
Citizens for the Preservation of Buehler Park
