History
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March 1997: The City signed behind closed doors a contract with
Cracker Barrel Corporation selling Buehler
Park for $500,000. Its appraised value is $650,000, but that isn't the
issue. The park is irreplaceable.
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April 7 1997: Judge Jack O. Edwards issued an 11th hour temporary
restraining order effective until 5PM, April 16 preventing the City from
selling the park. Our attorney is Lewis C. Green of St. Louis. We understand
that the chain saws and bulldozers were ready to move the morning of April
8.
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April 18 1997: Judge Edwards ruled in favor of the city, but
left the restraining order in effect pending appeal and subject to the
posting of $40,000 bond by April 25. Appeal was filed immediately.
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April 25 1997: Bond was raised and posted on. Judge Edwards in siding
with the City stated, "Plaintiffs appear only in their capacity as, and
on behalf of those who are, taxpayers, residents of the city and those
who use and enjoy the park. As such, they have no higher standing than
the general public whereas the grantor/dedicator, the Rolla Chamber of
Commerce is in a better position to represent the interests of the general
public."
That seems to mean that the business community knows better than the public
what is best for the public. In requiring an excessive $40,000 bond, Judge
Edwards seems also to be saying that you must have a lot of money to successfully
fight a city It wasn't easy, but we raised the excessively high injunction
bond of $40,000, at least temporarily keeping the hostages (the trees in
Buehler Park) alive.
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May 1, 1997: The arrogance of power knows no bounds. The City of
Rolla has filed a motion with the Southern District Appeals Court to increase
our injunction bond from the already excessive $40,000 to a totally unattainable
$689,145. They include in this amount the sale price of the park (far less
than the appraised value;) lost sales tax, property tax, and utility fees;
attorney fees and interest. Wow! They really want to sell this park
bad.We have filed a response to the City's motion to review sufficiency
of bond saying that the court does not have jurisdiction to rule on sufficiency
of bond, but if they do, they should lower it to $10. We are waiting to
hear from the Court.
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May 28, 1997: Cracker Barrel pulled out of the deal. We thank Cracker
Barrel and wish them good luck in finding another Rolla location. Unfortunately,
Rolla Mayor Elwyn Wax still wants to pursue the pending lawsuit regarding
whether the city has legal authority to sell the park.
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August 1997: Rolla City Council refuses a request to rescind the
contract between the city and Cracker Barrel Old Country Store. Cracker
Barrel says it does not want to buy the park. Why won't the council
rescind the contract? Perhaps the State Auditor can find out.