Suit in Jackson County Circuit Court challenges light rail on

St. Louis Daily Record & St. Louis Countian, Oct 16, 2008 by Charles Emerick

A Kansas City man is seeking judicial review of the enactment that put the light rail initiative on the Nov. 4 ballot.

In an effort to stop the vote, Patrick Tuohey sued the city and the Kansas City Board of Election Commissioners in Jackson County Circuit Court on Wednesday, claiming the ordinance was not lawfully adopted. The case was assigned to Judge Jay Daugherty.

Voters are to decide in just over two weeks whether to raise sales taxes for an $815 million starter line.

Tuohey said before voters agree to "write a blank check to city hall," they need more details about the plan from the Kansas City Council. Tuohey is a member of the Committee for Sensible Transit, which opposes the light rail proposal.

"They haven't told us the route," he said. "They haven't told us the expected ridership. They haven't conducted economic impact studies or environmental impact studies. They haven't told us the number or location of light rail stations along the route.

"Yet somehow they can tell us the cost. And our argument is that in order for voters to be informed, that these questions have to be answered."

Tuohey went on to say the public should first know the route and station locations because it would "instantly become the hottest political issue" in Kansas City.

"The well-connected and the well-heeled will get a very large say in where those stations are put," he said. "And the voters are going to have to pay the tab."

In the lawsuit, Tuohey contends the city charter was violated when the light rail ordinance was not read on three separate days at regular or special meetings of the City Council.

It goes on to add that the ordinance cannot be considered an emergency ordinance because it does not comply with requirements set forth in the charter.

Kansas City Mayor Mark Funkhouser called the lawsuit frivolous and a publicity stunt during a press conference held at his home Wednesday afternoon.

"I don't think there is any merit to it," he said. "I think we did exactly what we were supposed to do when we enacted the ordinance that put it on the ballot. I think that it's just a distraction, and I think voters will see through that.

"I think they're interested in the real substance like jobs, development, choice in transit, access to education, health care and so on that you're going to get from a good transit system," he added.

Marc Ellinger, of the Jefferson City office of Blitz, Bardgett & Deutsch, represents Tuohey.

Tuohey said he hired Ellinger because of the lawyer's knowledge in election law. And, he added, some larger firms in Kansas City have endorsed light rail, creating a conflict of interest.