(For Immediate Release)

For More Information Contact:

Kathleen Henry, President
(314) 231-4181
khenry@greatriverslaw.org

GREAT RIVERS ENVIRONMENTAL LAW CENTER AND CITIZENS FOR THE PRESERVATION OF BUEHLER PARK SUE TO STOP PROPOSED SALE OF BUEHLER PARK

ROLLA, MO March 3, 2005- Great Rivers Environmental Law Center and Citizens for the Preservation of Buehler Park have brought suit against the City of Rolla, its Mayor, and the Rolla City Council to stop the proposed sale of Buehler Park.
Buehler Park is the only park in an otherwise heavily commercialized area.

The City of Rolla has announced plans to sell the park for development as a restaurant district.

Great Rivers is a non-profit, public interest environmental organization in St. Louis that works to preserve open spaces and forests for their recreational and aesthetic benefits. Citizens for the Preservation of Buehler Park is a membership organization whose mission is to promote and preserve historic Buehler Park.

"When I mention to people the park could be turned into a glorified fast food joint, they just can't believe it," said Morgan Bearden, president of Diabetes Education Fund and organizer of Tour of the Ozarks.

Bearden says the tour, which begins and ends at Buehler Park, is a benefit for the Diabetes Education Fund. He said it also attracted bicycle enthusiasts to Rolla from throughout Missouri and surrounding states for many years.

The Great Rivers group believes that Buehler Park was dedicated to the public for use as a park and may not be sold by the City for commercial development. In 1958 the Rolla Chamber of Commerce conveyed ownership of the park property to the city of Rolla.

The deed includes the statement: "It is understood that the above described real estate is conveyed to the city of Rolla, Missouri for Park purposes only and none other, and to be known as Buehler Park."

The city previously tried to sell Buehler Park. In 1996 and 1997, it tried to sell Buehler Park for development as a Cracker Barrel restaurant. Rolla residents and taxpayers brought a lawsuit to stop the sale. The Missouri Court of Appeals, in a 2 to 1 decision, ruled that those who brought the suit lacked standing to sue.

The dissenting judge on the 3-judge panel was the only one to address the merits of the lawsuit. He wrote that Buehler Park had been dedicated to public use, and could not lawfully be sold under the circumstances.

"The only appellate judge who has addressed the merits of the case would have ruled in our favor," said Kathleen Henry, Great Rivers president. "If we can establish this time that the plaintiffs have standing, we are confident a court would set aside the sale, if necessary."

The web address for Great Rivers Environmental Law is www.greatriverslaw.org.