Opponents of an iron ore smelter in Crystal City haven't lost yet.
On Tuesday, the Missouri Court of Appeals in St. Louis reinstated the lawsuit Concerned Citizens for Crystal City and five people filed against the city of Crystal City.
Judge Benjamin F. Lewis, a circuit judge from Cape Girardeau appointed to preside over the lawsuit, dismissed the entire suit last November as a sanction against all of the plaintiffs because one plaintiff failed to produce certain documents during discovery and two plaintiffs didn't fully answer specific interrogatories asked by Wings Enterprises Inc., which proposed to build the smelter.
The Court of Appeals said the discovery request was "overbroad" and that sanctioning the plaintiffs by dismissing all of their claims is "unjust and an abuse of the trial court's discretion."
Kathleen Green Henry, the president and a lawyer for Great Rivers Environmental Law Center, welcomed the appellate court's decision.
juicy couture tracksuits "The plaintiffs filed a Sunshine Law suit, and we think the trial court should rule on the Sunshine Law case on the basis of the notices, agenda and minutes of the closed meetings the City Council had," she said.
David P. Senkel, of Thurman, Howald, Weber, Senkel & Norrick in Hillsboro, represented Crystal City, and Jeffrey D. Sigmund, of Husch Blackwell in St. Louis, represented Wings. Neither lawyer returned telephone messages by press time.
The lawsuit alleges the City Council held closed meetings with James Kennedy, president of Wings, to negotiate the building of a coal-fired iron ore smelter on the old Pittsburgh Plate Glass Co. property. The council met without notice to the public, the lawsuit says.
true religion jeans The City Council passed an ordinance to allow the mayor to buy the 242 acres from PPG for $2.2 million and lease it to Wings for the same amount, the suit alleges.
Wings, which intervened in the lawsuit, asked for the identities of every person who posted to a forum on a website William "Jack" Ginnever created to discuss local government happenings and businesses interested in developing property in and around Crystal City. Much of the discussion on the forum was about the proposed smelter. Ginnever ran unsuccessfully for the position of mayor of Crystal City in April.
In June 2009, the trial judge ordered Ginnever to produce "a full and complete copy, in native format, of all information in his possession or control, that has been posted on the domain http:// ." Lewis also ordered Ginnever and defendant Pamela Portell to answer specific questions about the identities of forum posters.
Ginnever produced electronic copies of all the information that was posted on the forum, but withheld the IP addresses of anonymous posters to the forum and the private messages.
"We think this is irrelevant to the Sunshine Law suit," Henry said.
Wings didn't appear to try to restrict their request for information about people posting comments to the forum to "possibly relevant material," Judge Clifford H. Ahrens wrote for the unanimous panel.
"Armed with the comments or postings, it would be possible to identify those individual postings that indicate possible discoverable witnesses or information relevant to Defendants' defenses, if any, to the claims asserted in Plaintiffs' petition. It would also be possible to request postings made by any of the parties to the present litigation
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