City Of Lebanon, MO Permanently Enjoined From Placing Airport Referendum Question On Ballots

ST. LOUIS, Feb. 9, 2012 /PRNewswire-USNewswire/ -- On February 10, 2012, Judge William Hass entered a final judgment in Fred Mayes v. Glenda Mott in her official capacity as Laclede County Clerk for the County Commission, et al., Case No. 12LA-CC00015. The judgment permanently enjoins the City of Lebanon, Missouri, from adding a referendum on the proposed Floyd W. Jones airport expansion to the ballot.  This judgment makes permanent a restraining order issued by Judge Hass on February 2, 2012.

Fred Mayes filed a lawsuit to require the removal of a proposed non-binding referendum on whether the City of Lebanon, Missouri, should proceed with Phase 2 of the expansion of the Floyd W. Jones Airport from the April 3 ballot.  Mayes argued in this suit that Lebanon, as a City of the Third Class, lacked the power to hold a referendum of any kind, much less a non-binding one.

According to Brad Goss, counsel for Mr. Mayes, " Lebanon is a City of Third Class and as such only has such powers as are granted under Chapter 77 of Missouri Revised Statutes, the statute under which it operates. Chapter 77 does not grant the power to the City to hold a referendum and therefore the ballot measure was ultra vires and improper."

The February 2, 2012, restraining order issued by Judge Hass had required the City and County to pay Mr. Mayes' attorneys' fees and costs in pursuing this action.  Mr. Mayes has voluntarily waived any claims for his attorneys' fees and therefore the final judgment no longer requires this payment.

"This lawsuit was never about hurting the City or trying to make it pay me any money," Mr. Mayes said.  "I only brought this suit because I care so deeply about the City, its welfare and this airport. This is a complicated issue, deserving of careful thought because the airport generates considerable business and revenue for the City and region as a whole. In addition there is a huge safety issue in not expanding the runways.  The cost of the airport expansion is being paid for by the federal government at no further cost to the City.  I would hate to have someone die from an accident with an airplane running out of runway and crashing."