Business Loop CID awaits decision from Missouri Supreme Court

The Missouri Supreme Court heard arguments Wednesday over whether it should compel a Boone County judge to alter her ruling in a case challenging the formation of the Business Loop Community Improvement District.

Jen Henderson, a resident of the district, sued to have the district invalidated after an election created it in 2015. Boone County Judge Jodie Asel dismissed the suit in March 2016, ruling that the law that authorizes community improvement districts, which collect special sales taxes in a defined area for public improvements, did not apply to the election that formed the district.

Asel dismissed the case without prejudice, meaning the claim could be brought back into court at a later time, but did not issue a final judgment.

The case has been caught up in legal proceedings since then as Henderson and her legal team try to compel Asel to issue a final ruling that can be appealed.

The district has been collecting a half-cent sales tax on purchases within its boundaries since its formation and has created a plan for improvements along the corridor.

The lawyer representing Asel did not want to comment after the hearing.

Missouri Supreme Court judges questioned Asel’s lawyer about why she had not issued a ruling. He said Asel did not issue a ruling because the case was no longer a case, she presumed it was over.

The Missouri Supreme Court judges said a case cannot be over until there is a final judgment.

“Our rules say in the case you have to enter something called a judgment, otherwise it’s still pending, so they can’t get review.” Missouri Supreme Court Judge Laura Denvir Stith said in Wednesday’s hearing. “Why won’t she enter something called judgment?”

James Layton is one attorney representing Jen Henderson.

“We have a right to appeal in Missouri and they’ve established a prerequisite for appealing,” Layton said. “I think that it bothered them that we have a plaintiff, Ms. Henderson, who’s in a position where she can’t appeal because the judge hasn’t taken that last step.”