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"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." (Established February 3, 2005)
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Court says Buehler Park stays
Rolla Daily News , Wednesday, August 8, 2007
By Alan Gerstenecker, Editor
Buehler Park will remain.
The Missouri Court of Appeals of the Southern District took 56 days to render a decision, but at nearly 2 p.m. Tuesday, it reversed a lower-court decision and ruled the city could not sell the park for the purpose of commercial development.
The Missouri Court of Appeals, offering a decision on the park for a fourth time, cited documents dating back to 1958, said “the issue squarely presented to us is whether the language of the deed ... for park purposes only and none other, and to be known as Buehler Park was a dedication to public use. We find the deed created a common law dedication.”
The decision continued: “Prior to July, 1957, the Rolla Chamber of Commerce maintained the park in honor of Dr. Henry Buehler, a prominent Rolla citizen. In July 1957, the chamber’s board of directors began discussing plans to deed the property to the city so that it ‘could maintain and improve it’” the judges write.
It was the court’s decision that the park, while deeded to the city, it was done solely to provide proper care and maintenance for the park with the understanding it would always remain a park. The decision was written by Southern District Appeals Court Judges, Nancy Steffen Rahmeyer, John E. Parrish, and Daniel E. Scott.
The decision is a victory for Bruce Morrison and Kathleen Henry, attorneys for the Citizens for the Preservation of Buehler Park, the local appellants.
“It’s a victory. We’re happy about it,” Morrison said from his St. Louis office shortly after the decision was posted on the Missouri Appeals Court Web site. “I really haven’t looked at it yet, but we’re happy about it. We’re happy for the Citizens for (the Preservation of) Buehler Park.
Tom Sager, a member of the Citizens for the Preservation of Buehler Park, was elated at the decision and thanked the Appeals Court for its decision.
“I would like to express my sincere thanks to Judges Nancy Steffen Rahmeyer, John E. Parrish, and Daniel E. Scott, and the Southern District Court of Appeals for their ruling in favor of Buehler Park. I am elated that the Court has affirmed that Buehler Park is dedicated land and cannot be legally sold.”
“I wish to thank all of the wonderful people I have worked with over the 10 years that we have fought to keep Buehler Park and honor the memory of Rolla’s “first citizen,” Dr. Henry Andrew Buehler. In particular, I wish to thank Great Rivers Environmental Law Center, especially our lead attorney, Bruce Morrison, Great Rivers’ President, Kathleen Henry, and Great Rivers’ Founder, the late Lewis C. Green...”
City Administrator John Butz expressed disappointment.
“We’re disappointed with the decision, but we respect it and look to move forward,” Butz said.
Asked whether there would be further legal action, to a higher court, and Butz said he did not know what direction the City Council would pursue.
“I’m sure there are members of the council who wanted it to remain a park and others who favored development. I am in the process now of e-mailing the council members to advise them of the decision. That’s all I know now.”
Butz said it was the city’s desire to develop the park and use the proceeds to fund other park projects.
Attorney John Beger represented the city.
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