Legal Update

Lake Restoration Update
August 27, 2021
Water Testing Results (09/03/21)
September 3, 2021
Show all

Legal Update

Dear ILPOA Members,

I wanted to update you regarding the lawsuit that has been in the Missouri Court of Appeals, Southern District for the better part of the last year.  Case Number SD 36800, Brunts, O’Fallon, Wideman, and Williams vs. ILPOA has been scheduled for oral arguments at 1 pm CST on October 19, 2021.  This will take place at the Court of Appeals Courtroom at the Butler County Courthouse in Poplar Bluff, Missouri.  The courthouse address is 100 N Main St, Poplar Bluff, MO 63901.  Typically the public may attend these hearings, but please confirm with the court directly as there may be restrictions due to COVID-19.

To clarify, oral arguments are an opportunity for the plaintiff’s attorney (Mr. Levy) to attempt to make clear why, given the facts and law addressed in the parties’ briefs, the court should reverse the trial court’s decision (that entered into judgement in favor of ILPOA).  A panel of judges will have the opportunity to ask questions to the plaintiff and the defendant’s attorneys.   I believe that Judges then have 90 days to enter their decision into judgement, however, the ILPOA attorney, Bianca Eden, said that she expects to hear within 30-60 based on her experience.

As more information becomes available, I will share it.  In the meantime, case details can be found on Missouri Casenet,  https://www.courts.mo.gov/casenet/base/welcome.do.  Search case ID SD36800.

Have a wonderful weekend,

Chris Pinaire

Legal Chair – ILPOA