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Archive for the 'Chastain' Category

Court will hear Chastain appeal Feb. 25

According to the Business Journal, the Missouri Court of Appeals will hear Clay Chastain’s appeal on Feb. 25. Chastain filed an appeal last year in response to a lower court’s ruling that threw out his case. Chastain is being represented by his wife Valerie, who is a lawyer.

The Journal makes an interesting comment: “It’s unclear what happens if appeals court judges accept the Chastain argument, including whether his plan then would have to go into effect.” However, we’re quite confident that won’t happen. If it does, we’ll be interested to see the city scramble to come up with a response (because you know they don’t have one yet, just in case).

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KC files brief in Chastain legal challenge

Kansas City’s attorney filed a brief today responding to the appeal of the dismissal of Clay Chastain’s challenge to the City Council’s repeal of his light rail petition initiative that passed in November 2006.

Did you follow that? Well, it’s not that important. The challenge was dismissed and the appeal will probably be dismissed, as well. Meh.

In retrospect, the Council’s outright repeal of the “unworkable” plan seems especially foolish — not for any legal reason, but simply for the fact that changing the plan with a subsequent vote would have avoided the November 2008 failure at the ballot box.

But here we are, regardless, with our smelly buses, waiting patiently for county leaders to get moving on a regional plan so Chastain can’t come back with another initiative (because, let’s face it, he will). Recent budget crunches at all levels will put the inevitable off for another year, and Kansas City will continue to evade a reputation as a serious metropolitan area.

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You were warned: Chastain returns…

…with another legal challenge of the City Council’s repeal of the 2006 initiative voters approved and Chastain spearheaded. Laugh if you want, but there is actually an important legal question that would benefit from a higher ruling: whether or not the Council’s chartered ability to repeal a citizen initiative after passage is in conflict with the state constitution.

Chastain had threatened that he would continue his legal challenge if the vote on the city-backed plan failed. That way, he reasoned, KC residents could get light rail either way.

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Want to get rid of Chastain forever?

Apparently, all you need to do is vote YES for the light rail question on the November ballot. Seriously, we can’t make this crap up.

From Hearne Christopher’s column in today’s Star:

He says his plan is still in the courts, and if he wins, both the new bus tax and the city’s proposed light rail plan will be overturned. And if he loses?

“…then I vow to never stick my nose in the business of Kansas City. I wouldn’t want to. But if I win and (the council) get its comeuppance, their just deserts, it’s a whole new ball game. I may even come out of exile, and their rinky-dink light-rail plan will be out the door.”

Chastain will not come to Kansas City to campaign against the city’s light-rail proposal.

Of course, the likelihood of any court overturning the council’s action — nullifying a voter-approved ballot initiative — is slim since the ability to do so was codified into the city charter when voters we’re asked to approve charter changes.

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