Several persons have moved for leave to file an amicus curiae brief in support of petitioner.1 The interests of the various movants are relevant to the claims brought by the Attorney General for reasons set forth below.
Count III of Second Amended Petition
Whether the Booneville Lift Bridge is public property is an element of Count III. Second amended petition, paragraph 54. The extent to which the users of the Katy Trail have used the Trail and have enjoyed the Bridge in past years is relevant to whether the Bridge is in fact public property. Further, paragraph 57 of the petition alleges that the Bridge has value to the state, its political subdivisions, and its citizens. The users of the Trail are in the best position to explain to the Court the value of the Bridge to the citizens of the State. Moreover, the Mayor of the City of Rocheport could best explain the value of the Bridge to one of the State s political subdivisions.
Count IV of Second Amended Petition
Count IV of the petition focuses generally on the intent of the donor of the funds for the purchase of the Katy Trail, including the Booneville Lift Bridge. Paragraph 69 expressly refers to the charitable purpose intended by the settlor. Movant Pat Jones is in the best position to explain to the Court the interests and motives of the donors in connection with their monetary contributions for the Katy Trail.
Count VI of Second Amended Petition
Count VI of the petition focuses on the harm that would be suffered by the public if the Booneville Lift Bridge were dismantled. The persons who currently use and enjoy the Katy Trail and the Booneville Lift Bridge, together with the Mayor of a political subdivision that benefits from the Bridge and the Trail, would be able to explain to the Court the harm that would be suffered by the public if the Bridge were dismantled.
Count VII of Second Amended Petition
Consistent with Count VII of the petition movants believe that respondent Department of Natural Resources is in breach of the Katy Trail interim trail use agreement because it has no authority to give away the public s unbroken right of access to the Katy Trail corridor, and no authority to give away the public s right to enjoy the part of the Katy Trail that consists of the historic Booneville Lift Bridge. In support of Count VII, the persons who seek to be amici curiae seek to show to the Court the manner in which the public enjoys the Booneville Lift Bridge.
Conclusion
For the various reasons set forth above, movants respectfully request that they be permitted to file a consolidated brief amicus curiae in support of petitioner, to be filed at the time petitioner presents the merits of its case to this Court, or at such other time that this Court deems appropriate.
Respectfully submitted,
Great Rivers Environmental Law Center
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Bruce A. Morrison (No. 38359) Kathleen G. Henry (No. 39504) 705 Olive Street, Suite 614 St. Louis, Missouri 63101 (314) 231-4181 (314) 231-4184 (fax) Attorneys for movants
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1 By separate motion Pat Jones seeks leave to file a friend of the court brief in support of petitioner. She, along with her husband, donated the funds that created the Katy Trail. Also, on information and belief, the Mayor of the City of Rocheport will seek leave to file a brief amicus curiae in support of petitioner. Movants counsel propose that movants be permitted to file one consolidated brief amicus curiae, rather than separate briefs.
Request to file Friends of the Court brief in Boonville Bridge lawsuit
Below is the text of the request to be allowed to file a "friend of the court" (amicus curiae) brief on behalf of the interest of Katy Trail users, by the Missouri Bicycle Federation, Randy Niere, Dr. Everett M. Murphy and Corva Murphy. This brief was prepared by the Great Rivers Environment Law Center.
This document is not the friend of the court brief itself, but simply a request to be allowed to file a friend of the court brief. This document gives the reason we believe we have standing to file a friend of the court brief.
The Missouri Bicycle Federation, Randy Niere, Dr. Everett M. Murphy and Corva Murphy, for their motion for leave to file an amicus curiae brief in support of petitioner, state:
1. The Missouri Bicycle Federation is a nonprofit organization incorporated under the laws of the State of Missouri. It is a membership organization, composed of more than 400 members statewide and over 25 affiliated bicycle and pedestrian clubs and organizations representing over 10,000 Missouri bicyclists, runners, and pedestrians. From its founding in 1994, it has been actively engaged in efforts to promote the Katy Trail among its members, affiliates, and the general public, including that portion located in and around Boonville, Missouri. Many members of the Missouri Bicycle Federation use the Katy Trail. Members frequently travel on the Katy Trail near Boonville and take pleasure in viewing the MKT Bridge at Boonville.
2. Randy Niere frequently bicycles along the Katy Trail. As a disabled cyclist his first solo bike ride, after suffering a stroke in 2001, was on the Katy Trail. Since 2001, he has ridden the Katy Trail every year multiple times, and it is his way of celebrating survival. This year he rode the entire trail length with the Speaker's Fitness Challenge, and was the only stroke survivor on the ride. He never rides the Katy Trail without stopping in Boonville, often spending the night there. Crossing the Missouri river is a special part of his trip, and viewing the Boonville Lift Bridge adds to his experience.
3. Dr. Everett M. Murphy and Corva Murphy rent a farm house in Bellair, south of Boonville and east of Pilot Grove, Missouri. They are avid bicyclers and chose their property in part because of its close proximity to the Katy Trail. They frequently ride the Katy Trail, enjoying the beauty and the historical importance of the Boonville Lift Bridge.
4. Movants seek leave to file an amicus curiae brief in support of petitioner, to be filed at the time petitioner presents the merits of its case to this Court, or at such other time that this Court deems appropriate. (Movants do not seek leave to file an amicus curiae brief in support of the already-filed motion for partial summary judgment, filed by petitioner on October 31, 2005.)
5. The amicus brief would bring to the Court's attention the importance of the Booneville Lift Bridge and of the Katy Trail from the perspective of those persons who use the Trail and enjoy the Bridge.
6. It is appropriate for the circuit court, in its discretion, to grant leave to file an amicus curiae brief. See, e.g., State ex rel. McNeal v. Roach, 520 S.W.2d 69, 74 (Mo.banc 1975); City of Louisiana v. Branham, 969 S.W.2d 332 (Mo. App. E.D. 1998).
Wherefore, the Missouri Bicycle Federation, Randy Niere, Dr. Everett M. Murphy and Corva Murphy, respectfully request that this Court grant their motion for leave to file an amicus curiae brief in support of petitioner.
Great Rivers Environmental Law Center
________________________________ Bruce A. Morrison (No. 38359) Kathleen G. Henry (No. 39504) 705 Olive Street, Suite 614 St. Louis, Missouri 63101 (314) 231-4181 (314) 231-4184 (fax)
