St. Peters Wins Open Records Suit Over Great Rivers

By Sarah Wienke

The Eleventh Judicial Circuit Court ruled in favor of St. Peters in a lawsuit filed against the city by the Great Rivers Environmental Law Center.

The Great Rivers Environmental Law Center was seeking records involving the city’s effort to revise the government’s map of the Mississippi River floodway. In the suit they alleged that the city “knowingly and purposely” violated the Sunshine Law.

St. Charles County Circuit Judge Ted House ruled for the city last week.

House determined the city did not violate Missouri’s open- records law. The Judge also ruled that the Great Rivers Environmental Law Center should pay court costs for the court case.

House ruled in favor of the city on all counts of the lawsuit, saying “the evidence of record does not support a finding that the city of St. Peters committed a knowing violation of the Open Records Law”…and “the City of St. Peters acted reasonably and in accordance with law in determining that the records sought by Plaintiff were subject to the ‘litigation exception.’ “

According to court documents, Great Rivers Environmental Law Center already had sued the city regarding development in St. Charles County and the 370 Levee. The city argued that because it anticipated future litigation from the plaintiff over the levee, the city council could hold a closed meeting using the exception and keep the federal Emergency Management Agency’s Letter of Map Revision from being public record.

Great Rivers Environmental Law Center argued that the city can’t legitimately close those records because the National Flood Insurance Act grants property owners or leasers within the community the right to view the records and request an administrative and judicial review. Following the review is a 90-day appeal period, and another 30-day comment period to allow citizens and community officials the opportunity to submit additional scientific or technical data.

Bruce A. Morrison, attorney with the Great Rivers Environmental Law Center, pointed to the court documents for any comments on the case.

Mayor Len Pagano said the city was pleased with the “thoughtful and thorough review.”

“The city of St. Peters very conscientiously follows local, state and federal laws and regulations,” the mayor said in a written statement. “In fact, when this information request was made by the Great Rivers Environmental Law Center a year ago, we immediately sought guidance from the Missouri Attorney General’s office regarding the question. We will continue to do what is necessary to protect the city and our residents’ interests.”

Requests for additional comments from the city on the case were denied.

Originally published by Sarah Wienke.

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