IN THE CIRCUIT COURT OF PHELPS COUNTY, STATE OF MISSOURI

CITIZENS FOR THE PRESERVATION)
OF BUEHLER PARK; a non-profit corporation;
THOMAS J. SAGER; LINDA MARIE NOVAK;
PHILLIP D. LAMPERT; EDIE GALE HAYS;
NEIL ELFRINK; LINDA S. GADDY;
APRIL L. GADDY; and EILEEN LUNSFORD,

Plaintiffs,

v.

CITY OF ROLLA, MISSOURI,

a municipal corporation;

JOSEPH E. MORGAN, Mayor; and MONTY JORDAN;
TERRY RUCK; MATTHEW Z. WILLIAMS;
DONALD Z. BARKLAGE; JIM ROLUFS; HARRY KIEFER; JUDY
JEPSEN; LOUIS MAGDITS; JIM WILLIAMS; JIM WATERMAN;
RICHARD D. SIBLEY; And CHARLOTTE WIGGINS,
Members of City Council,

Defendants.

PETITION FOR DECLARATORY AND INJUNCTIVE RELIEF
COUNT I

Plaintiffs, for their cause of action, state:

1. Plaintiffs Thomas J. Sager, Linda Marie Novak,
Phillip D. Lampert, Edie Gale Hays, Neil Elfrink,
Linda S. Gaddy, April L. Gaddy, and Eileen Lunsford
pay taxes to the City of Rolla, Missouri. Almost all
of these plaintiffs reside within the City of Rolla,
Missouri. Almost all of these plaintiffs are frequent
users of the property known as Buehler Park.

2. Plaintiff Citizens for the Preservation of Buehler
Park is a membership organization, organized and
existing under Missouri*s not-for-profit corporation
laws for the purpose of promoting and preserving
historic Buehler Park. Almost all of the members of
Citizens for the Preservation of Buehler Park are
frequent users of the Park. All of the organization*s
members have an interest in promoting and preserving
historic Buehler Park for park purposes. Citizens for
the Preservation of Buehler Park brings these claims
on its own behalf, and on behalf of its members.

3. Defendant City of Rolla is a municipal corporation,
a third class city, located in Phelps County,
Missouri.

4. Defendant Joseph E. Morgan is the Mayor of the City
of Rolla. Defendants Monty Jordan, Terry Ruck, Matthew
Z. Williams, Donald Z. Barklage, Jim Rolufs, Harry
Kiefer, Judy Jepsen, Louis Magdits, Jim Williams, Jim
Waterman, Richard D. Sibley, and Charlotte Wiggins are
members of the City Council of the City of Rolla. They
are sued in their official capacities.

5. On or about February 28, 1958, the Rolla Chamber of
Commerce, Inc., executed a deed transferring a parcel
of land to the City of Rolla, Missouri. A copy of the
deed is attached to this petition, marked as exhibit
1, and is incorporated herein by reference. The deed
recites that "[i]t 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 property
transferred by that deed is referred to herein as
"Buehler Park".

6. On information and belief the City of Rolla
accepted Buehler Park for use as a park.

7. Since 1958, Buehler Park has been used for park
purposes by the public.

8. On information and belief defendant City of Rolla
and the defendant mayor and the city council are
planning to sell and convey Buehler Park for
development as a restaurant district.

9. All of the plaintiffs have a substantial interest
in preserving Buehler Park as open space, and
preserving its recreational, aesthetic, and other
natural values open to public use. All of the
plaintiffs would be aggrieved if the City were to
succeed in alienating Buehler Park for any use
incompatible with these benefits. Specifically, all
would be aggrieved if Buehler Park were to be conveyed
to a commercial purchaser, and would be aggrieved if
Buehler Park were to be developed for a restaurant
district, in that the restaurants would impair or
eliminate the open space experience associated with
the use of the land as a park, and would eliminate
plaintiffs* right of access to the park. Plaintiffs
bring this suit on behalf of themselves and all
taxpayers of the City of Rolla, and all users of
Buehler Park.

10. Because the City holds Buehler Park in trust for
the use and benefit of the public, the City has no
legal authority to sell or alienate Buehler Park.

11. Defendants* attempt to alienate Buehler Park is a
breach of their fiduciary duty as trustees to maintain
Buehler Park as a park for the use and benefit of the
public.

12. Defendant City of Rolla is expending public funds
including, but not limited to, funds for advertising
and mailing requests for development proposals, funds
for supplies and communications and, on information
and belief, funds for attorney's fees, in the pursuit
of its unlawful effort to alienate Buehler Park.

13. Plaintiffs have no other adequate and timely
remedy to prevent the alienation of Buehler Park.
Plaintiffs, and the persons they represent, will
suffer irreparable injury if defendants succeed in
alienating Buehler Park.

WHEREFORE, plaintiffs pray that this Court:

A. Issue its declaratory judgment declaring that the
Defendant City of Rolla has no lawful authority at
this time to sell, transfer, or convey Buehler Park
for development as a restaurant district;

B. Issue an injunction, enjoining the City of Rolla
from alienating Buehler Park, as it is described in
the attached deed of February 28, 1958; and

C. Award plaintiffs their costs and attorney's fees,
and such other relief as the Court may deem proper.
___________________________________

Bruce A. Morrison (Mo. Bar No. 38359)
Kathleen G. Henry (Mo. Bar No. 39504)
Great Rivers Environmental Law Center
705 Olive Street, Suite 614
St. Louis, MO 63101-2208
Phone: (314) 231-4181
Fax: (314) 231-4184
Attorneys for plaintiffs

Return to Top