Help Wanted: Judge, to hear stadium funding case
25 MINUTES AGO • BY
DAVID HUNN
Updated at 3:58 p.m. with news on the removal of Judge Joan Moriarty and her replacement, Judge Thomas Frawley.
ST. LOUIS • The suit to sidestep a public vote on stadium funding now has its third judge in nearly as many days.
The first, David Dowd, removed himself. Around midday Wednesday, attorneys removed the second, Joan Moriarty.
By late afternoon, her replacement, family law Judge Thomas J. Frawley, had the job.
The public board that runs the Edward Jones Dome filed suit last month against the city of St. Louis. Its beef: A 2002 city ordinance that requires a public vote prior to the use of tax dollars on a new stadium. Dome authority attorneys argued in the suit that the city law is “overly broad, vague and ambiguous.”
On Friday, Dowd removed himself from the suit. He had
cancelled the first hearing on the issue, scheduled for last week. One of his assistants said then that he was “under the weather.”
On Monday, the St. Louis Circuit Court’s presiding judge, Bryan Hettenbach, reassigned the case to Moriarty. Hettenbach said on Wednesday that Dowd is home under a doctor’s order, and will be for two weeks.
Dowd isn't trying to get out of hearing a contentious lawsuit, Hettenbach said; he is simply unable to handle the case in a timely way. “This is not something either party wants continued indefinitely,” Hettenbach said.
Moriarty was next in line to take the case, he continued. She and Dowd were both assigned to the “equity/pre-trial motions” docket at the start of this year.
Then, just after 11 a.m. Wednesday, the attorneys for the Edward Jones Dome authority requested that Hettenbach remove Moriarty, too.
Wednesday afternoon, Hettenbach reassigned the case again. He said he called the judges to see who was taking vacation and who had time to hear a case. He drew names from those who said they were available, and picked Frawley.
Bob Blitz, attorney for the Dome authority and a member of Gov. Jay Nixon’s new stadium task force, did not immediately return a call seeking comment.
His firm is asking the court to rule that the city law requiring a public vote on stadium tax funding doesn’t apply, conflicts with Missouri statutes or is unconstitutional.
City tax dollars are key to the $985 million stadium funding plan, and could help sway coming National Football League decisions. Nixon’s two-man task force is counting on at least $250 million from the state and city, not including extra taxes, tax incentives and seat license fees.
Mayor Francis Slay’s staff said in April that, despite the mayor’s support for the stadium, city attorneys would energetically defend the public-vote ordinance.
A few weeks later, St. Louis University law professor and legal clinic supervisor John Ammann filed on behalf of three city residents who sought to intervene. His filings say city ordinance requires a fiscal note, a public hearing and a public vote. He said the three residents fear the city will provide money for the stadium without fulfilling those.
Moriarty had ruled on contentious cases before. Last year, she prohibited Lyft ride-sharing cars from operating in the city before a hearing that summer.
Two years ago, she slapped the hands of city jail administrators after they errantly charged a man with 10 fingers instead of the correct suspect, who had only eight.