The Western District Court of Appeals in Kansas City has upheld a lower court ruling in the case of the railroad lift bridge that crosses the Missouri River at Boonville.
The Court has ruled the Department of Natural Resources and the State have no property interest in the bridge because the bridge is not part of the Katy Trail.
DNR Director Doyle Childers says this has been the state’s argument all along against Attorney General Jay Nixon, who had sued to stop the transfer of the bridge to its owner, Union Pacific. Childers accuses Nixon of wasting thousands of taxpayer dollars to move this case from Cole County Circuit Court to the Appeals Court, where the lower court ruling has now been upheld.
Accusations that money has been wasted are labeled "absurd" by Nixon. The Attorney General says the state has given away a "$10-Million asset that the City of Boonville was basing its economic development around and was going to be a valuable part of the Katy Trail."
Nixon says there will be an appeal to the State Supreme Court.
"We think the Supreme Court needs to look at it, says Nixon, "On the underlying issue of whether or not the Director has authority to give away property of the State of Missouri. We think it’s an important matter the Supreme Court needs to look at."
There are fifteen days in which to file a notice of appeal.