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Judge Denies T.R.O. to Stop City Cable Sale without $17M Bond

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The lawyer for PB citizen Charles Ogden appeared before Judge Prichett in the Butler County Circuit Court this morning asking for a Temporary Restraining Order against the city of Poplar Bluff selling City Cable to New Wave Communications.

The TRO filed yesterday asserts that the City broke a city ordinance and a state law on March 17, 2014, when they passed an ordinance without having the entire ordinance available before passing.

Ogden’s lawyer, Blake Lawrence from the Sunshine Law Practice Group in St Louis, argued that Missouri law is very specific and Missouri Courts have long held that the procedures of passing an ordinance are mandatory. The state law requires that the full ordinance be available to the public before passing. The Courts have also ruled that an ordinance can only reference another document if that document is already a public record.

On March 17th when City Council voted to pass Ordinance #7483 it was 3-page document and referenced an “Exhibit A”. City Manager Bagby and Attorney Duncan told council members and citizens that the Exhibit was not available until after they passed the ordinance. Lawrence had with him the now 195-page Ordinance #7483 with the Exhibit and the three-page ordinance passed by City Council for comparison.

Pritchett said Mr. Ogden did have standing for the TRO but with the sale eminent he could not justify a bond amount less than the sale price of $17.5M. Mr Ogden was not able to afford such an expensive bond and the TRO was denied. Casenet records the ruling as:

Plaintiff appears through attorney, Blake M. Lawrence. Defendant appears through attorney, Wallace L. Duncan.
After full consideration of said Motion, the Affidavit in support thereof, and the argument of counsel, the Court enters its Order overruling and denying said Motion.
See Order. So Ordered – MMP

You can view the Ogden Temporary Restraining Order and Affidavit online.

So I guess the moral of the story is: if a regular citizen has $17.5M laying around then you are allowed to stop the City from breaking the law.

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Written by Brian Becker

After graduating from Mizzou with Computer and Electrical Engineering degrees in 1985, Brian Becker spent a decade singing Christian Rock and being a labeled artist with Benson Music Group of Nashville. In 1995, he and several investors started the area's first Internet Service called PBMO.net and by 2000 the company was serviing Internet access in over 50 communities throughout Southeast Missouri as SEMO.net. In July 2014, Becker again made a major pivot and became Publisher of the SEMO TIMES: a weekly print and daily online news and entertainment source for the region.

  • http://semo.net Jay Jay

    How many times does the court system have to rule against you Brian for you to admit you are just wrong!!!! No matter what the city does you oppose it, the time has come for you to admit defeat and move on with your life. Your time would be better spent concentrating on being productive. This is getting very old, seek professional help!!!

  • MIcheal

    Ok, Jay Jay, I understand your complaint that Brian always fights the city. However, when the city is wrong, they’re wrong. It doesn’t matter whether he has always lost. When a corrupt government is in power, the good must fight, even after continual defeats. Check you history and you will know that as citizens, we are duty bound to stand against the corruption of our governing bodies. Quite simply, the council broke the law in regard to the sale of city cable. I personally would love to see city cable gone. I think they are one of the worst institutions in this town and break many legal bounds on a daily basis. Buff up your knowledge before you comment.

    • Jay jay

      Lol… How many times has the city government got to be vindicated until you koolaid drinkers realize Brian doesn’t care about right from wrong he is just striking out like a child having a tantrum because he didn’t get his way…a spoiled child who managed to destroy his business and damage his future by being a spoiled brat..

      Unless of course you are really Brian using yet another name on a web site he owns to post pseudo news that defames men and women actually doing things for the community..

  • Brian Becker

    Dear Randy (a.k.a. Jay Jay),
    Please stop using police computers and city properties to post your personal opinions.

  • Jay jay

    Oh brainy ou are so stifled …everyone tries to shut you down. Sort of like the way you and your little minions try to stop anyone that disagrees with you… It is getting sad man….you poor little man…

    Did your lawyer really think you could get a restraining order on a business deal based on a “maybe” sunshine law violation?

    But don’t worry since your open access was such a good idea I am sure a real business not run by political hacks of the city will recognize it and you will be sucking free band width the minute they take over.

    Thanks for being such a champion of diversity of opinion so as to not resort to intimidation and threats to block views different than yours….. (Sarcasm in case you are to wrapped in your martyr robes to pay attention..

  • http://semo.net Jay Jay

    Brian,
    Failure is only a disappointment for those who cannot learn from it. Not everyone can be involved in your conspiracy theory. Question, if anyone disagrees with you does that make them apart of the conspiracy theory? Isn?t technology great? As you well know I can post from any unsecured location. Do you remember the game you played as a kid call hot and cold? Just saying you are cold.

    • Brian Becker

      I’m not cold, Randy. We both know that.

  • Brian Becker

    Jay Jay – I have an idea. Stop posting anonymously and tell us your name. No harm in that…our side doesn’t retaliate.

  • Denise

    WOW.. Jay Jay must be 1 of the Good Old Boys… How much money have you sucked from our city Jay Jay???

  • Maye

    If I’m not mistaken, the same guy who is going by “Jay Jay” actually wrote out a threat on one of the other threads from this page and so does that mean he used a computer from the city police department to do this? Is this person on the clock while doing this? This person should be terminated. You can’t sit on a city computer making threats in a way that he thinks is anonymous while you are on the city’s dime, much less be acting like such a child and doing such a thing anyway. Did this Randy person lack the wits to understand that he posted on a site where the owner has the capability of figuring out who he was? Not to mention, they all get on topix and slander people left and right when someone steps on their toes because they think they are safe to do it. They can’t spread their lies and trash any other way!!! Tried SEMO.net to do it–was unsuccessful! So comical and desperate!! Can’t wait to see them all being served with papers to defend themselves for trying to post slander, threats, and complete lies about people because they are so witless to think they can just get away with trying to ruin or harm good people.