A hearing on the case between Preserve Montgomery County and the county regarding the Amazon data center is scheduled for a hearing at 9 a.m. on May 13 in Cole County Circuit Court located in Jefferson City.
The scheduling of the hearing was posted on May 7, according to online court records, and presumably will include discussions regarding the county and State of Missouri’s motion to dismiss and motion for change of judge, as well as Preserve’s motion to file an amended petition and a motion for two family trusts to intervene in the case.
The case was originally filed Feb. 16 alleging a number of counts against Montgomery County and the Missouri Department of Economic Development regarding the Amazon data center and the Heart of America mega site in New Florence.
The state filed a motion to dismiss the case March 19, which was followed by the county’s motion to dismiss March 20.
On April 17, Preserve Montgomery County filed a motion for change of judge, which was granted. The judge on the case was changed from Brian K. Stumpe to Daniel Green.
On May 4, Preserve Montgomery County filed an amended petition in the case which primarily included a report from the Missouri State Auditor dated February 2024 that the county was not complying with the Sunshine Law with respect to open and closed meetings, specifically outlining issues with closed meetings from Jan. 1, 2022 to June 22, 2023.
Also on May 4 an intervenor’s petition was filed in the case to add two additional plaintiffs to the lawsuit. The two plaintiffs are the Judy B. Hillebrand Revocable Trust and the Miller Joint Revocable Trust. Both trusts purportedly own property in Montgomery County adjacent to the 500-acre mega site.
The intervenor’s petition alleges that the rezoning of the mega site from agricultural to industrial/manufacturing failed to comply with the county’s master plan. It also asserts that the rezoning of the mega site property is unlawful spot zoning. It also alleges the rezoning violates the Revised Statutes of Missouri section 89.920 authorizing a county to enact zoning ordinances and rezoning “for the purpose of promoting health, safety, morals or the general welfare of the community.”
On May 6, both the county and the state filed their own motion for change of judge to remove Judge Green from the case. That motion has not been ruled on and apparently will be taken up during the May 13 hearing.
Comments
No comments on this item Please log in to comment by clicking here