Post Office Box 104871
Jefferson City, MO 65110-4871
MoBikeFed is a 501(c)(4) non-profit corporation
Webmaster email: webmaster @ mobikefed
.org
BikeMO--MoBikeFed's Fall Foliage Bicycle Ride Join us October 18th for BikeMO, the ride that supports bicycle advocacy in Missouri. Beautiful mid-Missouri roads, beautiful fall weather, beautiful fall leaves . . .
Further information on Boonville Bridge Friends of Court filing
Several persons have moved for leave to file an amicus curiae brief in support of petitioner.1 The interests of the various movants are relevant to the claims brought by the Attorney General for reasons set forth below.
Count III of Second Amended Petition
Whether the Booneville Lift Bridge is public property is an element of Count III. Second amended petition, paragraph 54. The extent to which the users of the Katy Trail have used the Trail and have enjoyed the Bridge in past years is relevant to whether the Bridge is in fact public property. Further, paragraph 57 of the petition alleges that the Bridge has value to the state, its political subdivisions, and its citizens. The users of the Trail are in the best position to explain to the Court the value of the Bridge to the citizens of the State. Moreover, the Mayor of the City of Rocheport could best explain the value of the Bridge to one of the State s political subdivisions.
Count IV of Second Amended Petition
Count IV of the petition focuses generally on the intent of the donor of the funds for the purchase of the Katy Trail, including the Booneville Lift Bridge. Paragraph 69 expressly refers to the charitable purpose intended by the settlor. Movant Pat Jones is in the best position to explain to the Court the interests and motives of the donors in connection with their monetary contributions for the Katy Trail.
Count VI of Second Amended Petition
Count VI of the petition focuses on the harm that would be suffered by the public if the Booneville Lift Bridge were dismantled. The persons who currently use and enjoy the Katy Trail and the Booneville Lift Bridge, together with the Mayor of a political subdivision that benefits from the Bridge and the Trail, would be able to explain to the Court the harm that would be suffered by the public if the Bridge were dismantled.
Count VII of Second Amended Petition
Consistent with Count VII of the petition movants believe that respondent Department of Natural Resources is in breach of the Katy Trail interim trail use agreement because it has no authority to give away the public s unbroken right of access to the Katy Trail corridor, and no authority to give away the public s right to enjoy the part of the Katy Trail that consists of the historic Booneville Lift Bridge. In support of Count VII, the persons who seek to be amici curiae seek to show to the Court the manner in which the public enjoys the Booneville Lift Bridge.
Conclusion
For the various reasons set forth above, movants respectfully request that they be permitted to file a consolidated brief amicus curiae in support of petitioner, to be filed at the time petitioner presents the merits of its case to this Court, or at such other time that this Court deems appropriate.
Respectfully submitted,
Great Rivers Environmental Law Center
________________________________
Bruce A. Morrison (No. 38359) Kathleen G. Henry (No. 39504) 705 Olive Street, Suite 614 St. Louis, Missouri 63101 (314) 231-4181 (314) 231-4184 (fax) Attorneys for movants
. . . ____________________________________
1 By separate motion Pat Jones seeks leave to file a friend of the court brief in support of petitioner. She, along with her husband, donated the funds that created the Katy Trail. Also, on information and belief, the Mayor of the City of Rocheport will seek leave to file a brief amicus curiae in support of petitioner. Movants counsel propose that movants be permitted to file one consolidated brief amicus curiae, rather than separate briefs.
