While there is speculation that the City of Neosho has filed to appeal the November court decision from their challenge of the Transportation Development District, Mayor Richard Davidson said that is not the case.
“The city has not appealed the decision, all the city did was file a notice to the court protecting our right to appeal if we decide to do so,” Davidson said. “My understanding from the city attorney, all we did was file a notice that protects our right to appeal. We have not officially filed an appeal.”
He said whether or not the city will appeal the judge’s ruling has not been decided.
“Those discussions have not yet occurred,” Davidson said. “This was just a procedural issue to protect our ability to decide whether or not we would in the future, it was just a time limit requirement that made us have to file something.”
He said the only costs associated with that move were the filing fee and transcript fee.
Both fees were $70 each, according to Missouri CaseNet and the Newton County Circuit Court.
According to Missouri CaseNet, Neosho City Attorney Steve Hays filed a notice of appeal on Jan. 17.
On Jan. 25 Ryan Moehlman, with Cunningham, Vogel and Rost, a St. Louis legal firm the City of Neosho hired to represent them in challenging the July TDD election, filed a request for transcripts of proceedings that occurred on Nov. 30 2012, and Aug. 28, 2012.
Moehlman also filed a $70 check, on Jan. 29, as a deposit to be applied to transcript costs.
On Feb. 4, the case was given a new case number and assigned to the Southern District Court of Appeals.
The City filed their original petition in August 2012, challenging the validity of the TDD.
On Nov. 30, Judge Kevin Selby ruled against the city’s petition, basing his ruling on the doctrine of laches, meaning the city waited too long to bring the complaint forward.
The TDD was created in February 2011 and stretches from Waldo Hatler Drive to Industrial Drive, and from Kodiak Road to just east of Laramie Lane.
The group has been collecting a half-cent sales tax within its borders since Jan. 1, 2012.