Electronically Filed - Jefferson - June 02, 2017 - 04:56 PM

IN THE CIRCUIT COURT OF THE TWENTY-THIRD JUDICIAL CIRCUIT

OF MISSOURI
AT HILLSBORO, JEFFERSON COUNTY, MISSOURI

KENNETH B. WALLER, )
)
Plaintiff, )
)
v. ) Case No. 17JE-CC00261
)
JEFFERSON COUNTY COUNCIL, et al., )
)
Defendants. )

DEFENDANTS MOTION TO DISMISS

Defendants, Jefferson County Council, Donald Bickowski, Renee Reuter, Robert Boyer,

Charles Groeteke, Oscar Jim Kasten, Daniel Stallman, and James Terry, pursuant to Rule 55.27,

move this Court to dismiss with prejudice Plaintiffs Verified Petition for Declaratory Judgment

and Injunctive Relief (Petition) for the reasons stated herein and as more fully set forth in

Defendants Memorandum in Support of Defendants Motion to Dismiss, incorporated herein.

1. Plaintiff, Kenneth Waller (the County Executive), does not present a justiciable

controversy and therefore this Court has no authority to hear his lawsuit. He lacks standing, the

dispute is not ripe for determination, and there is no real controversy only a factually and

legally deficient lawsuit presenting a hypothetical dispute and seeking an advisory opinion of the

Court.

2. The County Executive fails to even state a viable claim for relief because the terms

of the Countys Charter vest the power sought by the County Executive in the County Council.

3. The County Executive incorrectly alleges an injunction as a claim instead of the

mere remedy it is, fails to assert the requirements for an injunction, and wrongly seeks to invalidate

an entire ordinance instead of just the portion of that law he alleges to be improper.
 Electronically Filed - Jefferson - June 02, 2017 - 04:56 PM
WHEREFORE, Defendants move that the Court dismiss Plaintiffs Petition with prejudice

and for all other relief this Court deems just.

Respectfully submitted,

CUNNINGHAM, VOGEL & ROST, P.C.

By: /s/ David A. Streubel

David A. Streubel, #33101
Margaret C. Eveker, #64840
Cunningham, Vogel & Rost, P.C.
333 S. Kirkwood Road, Suite 300
St. Louis, Missouri 63122
Tele: 314.446.0800
Fax: 314.446.0801
dave@municipalfirm.com
maggie@municipalfirm.com

Attorneys for Defendants

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing was filed electronically with
the Court, to be served by operation of the Courts electronic filing system on June 2, 2017 to:

Daniel J. Emerson
5205 Hampton Ave.
St. Louis, MO 63109
Tele: 314.814.3397
Fax: 314.353.0181
dan@emersonlawpc.com

Attorney for Plaintiff

/s/ David A. Streubel