State supreme court rules in favor of Business Loop 70 CID
The Supreme Court of Missouri has tossed out an appeal by a group opposed to the recent voter-approved Business Loop Community Improvement District. That ruling is similar to that by Boone County Judge Jody Asel, who earlier this month dismissed a lawsuit claiming voter violations by a community improvement district.
Judge Jodie Asel dismissed the suit against the Business Loop 70 Community Improvement District on Tuesday, filed by Jennifer Henderson, a resident within the district. Henderson and her attorney, Richard Reuben, claimed the CID violated state election laws during its December vote on imposing a half-cent sales tax in the boundaries of the Business Loop. Attorneys for the CID say Henderson, and others, have no legal recourse to challenge a district’s elections, because state law provides no such rules.
The court heard arguments from both sides on February 29. Judge Asel’s decision did not come with a legal opinion. Representatives in her office said she could not be reached for comment to explain her ruling Tuesday afternoon.
Carrie Gartner, executive director of the Business Loop 70 CID, told ABC 17 News in an email that the district “lawfully” conducted the election, and that they were pleased with Judge Asel’s decision.
“It’s time to get to work on improving an area of Columbia that’s been neglected for decades,” Gartner said Tuesday.
Reuben told ABC 17 News he was happy Judge Asel made a decision, and would review remaining legal options with Henderson. Reuben said by completely dismissing the lawsuit, it could set a bad precedent for similar challenges to taxing districts, like for libraries or Transportation Development Districts.
“For those jurisdictions, there’s no way to challenge that, challenge the election in a court of law,” Reuben said. “Any court. They’re literally above the law.”
The sales tax passed December 10 by a 4-3 vote of the 15 eligible voters in the CID. Henderson, one of the “no” votes, said voters needed to sign their names at the bottom of their ballots, violating their right to a secret ballot. Henderson’s lawsuit also said the district did not notify voters in a timely fashion, properly secure the cast ballots or bring in neatural election judges to count them. The CID paid the county election judges to count the ballots at the CID’s office in the Parkade Center.
Gartner said the sales tax will start on April 1. The district already approved a property tax on the businesses within the boundaries, which run from College Avenue in the east to Interstate 70.
