Case dismissed in attempt to stop city's purchase of Shelby Road property

A judge has dismissed a court case filed to prevent the city of Poplar Bluff from purchasing property on Shelby Road.

The issues to be decided by the court were very narrow and related to the wording of an ordinance passed Nov. 4 by the council, according to a judgement issued Monday by Presiding Circuit Judge Michael Pritchett. The case was filed Nov. 13 by local attorney Robert Smith.

The court looked solely at the ordinance, which authorized the mayor to execute documents related to the purchase of the land “for use as a new police station and other purposes, or re-sale of the real estate.”

The approximately $1 million purchase involves 58 acres of property on Shelby Road for a new police department and other possible uses.

City officials said during discussion of the matter that about four acres may be needed for a police department, 20 acres are not buildable because they are located in a floodway, and remaining acreage may be re-sold.

Smith had argued that a third class city is not allowed under state law to purchase property for the primary purpose of re-sale.

“Although there may be some question as to whether a municipality can purchase real estate for the sole purpose of resale, the ordinance adopted by the City of Poplar Bluff does state a purpose authorized by statute and there is no question that the City has the statutory authority to make such a purchase,” Pritchett wrote. “In addition, this case does not only involve the purchase of real estate but also involves the acceptance of a partial gift of real estate.

“The City has the authority to accept such a gift and there is no statutory prohibition on a re-sale of a portion of same.”

Officials have said the property is valued at almost $4.5 million. Owner First Missouri State Bank is expected to donate the remaining value of the property to the city.

City attorney Mark Richardson had filed a motion stating the ordinance was clear and sufficient on its own, without ambiguity, Smith said.

“When you’re asking the court to interpret something, first the court has to say, is there any ambiguity in that document,” he said.

Smith believed the ordinance in context with conversations by the council and city manager created ambiguity as to the real purpose.

Pritchett said the court’s ruling was determined by the pleadings: Did the city have the authority to enter into a contract for real estate through purchase and partial gift, for a police station and other purposes or re-sale.

“It is important to note that other matters are not at issue in the pleadings, such as the purchase price for the real estate, the location of the proposed new police station, the size of the facility to be constructed or the number of acres of land to be purchased,” he wrote in his judgement. “Those issues are determined by a vote of the elected legislative body of the City of Poplar Bluff.

“It is not the purpose or function of the Court to substitute its findings or opinions for ordinances lawfully adopted by the members of the Poplar Bluff City Council.”

Richardson said Wednesday he believes the ruling speaks for itself, and clarifies what both of the issues were.

“I appreciate the hard work our city attorney put into this lawsuit,” city manager Mark Massingham said. “It was always understood by the council the sole purpose of the property was for a new police station.

“I realize this is a controversial issue and there are mixed feelings in the community. I just hope we can now move forward.”

Smith said the council should know this is still a matter of great concern to the citizens of Poplar Bluff.

“I would like the council to hold off on this decision until the next election,” Smith said, of the April 7 elections, which will decide three seats on the council.

Editor’s note: Local attorney Robert Smith is not the same Ward 5 representative Robert Smith, who currently serves as Poplar Bluff mayor.