... or maybe I should call this blog, "the calvary has arrived!"
Missouri Attorney General Andrew Bailey has intervened in Monroe Circuit Court in the case of Grain Belt Express, LLC vs. Monroe County.
The Attorney General's motion to intervene says that Grain Belt is flat out wrong in claiming “[s]ection 229.100 cannot be used by county commissions, including Monroe County” and that any answer by a county to a request made under § 229.100 besides an “assent” in fact “exceed[s] [a] Commission’s jurisdiction.”
The Attorney General intervenes to protect the interests of the citizens of Missouri from GBE's misreading of the law.
I can't say enough good things about Missouri's AG standing up for the people of Missouri! It's long past time for Invenergy's control of Missouri's politicians and regulators to end.
The use of Section 229.100 goes way back in GBE history and has been argued over and over. The statute says:
Missouri Attorney General Andrew Bailey has intervened in Monroe Circuit Court in the case of Grain Belt Express, LLC vs. Monroe County.
The Attorney General's motion to intervene says that Grain Belt is flat out wrong in claiming “[s]ection 229.100 cannot be used by county commissions, including Monroe County” and that any answer by a county to a request made under § 229.100 besides an “assent” in fact “exceed[s] [a] Commission’s jurisdiction.”
The Attorney General intervenes to protect the interests of the citizens of Missouri from GBE's misreading of the law.
I can't say enough good things about Missouri's AG standing up for the people of Missouri! It's long past time for Invenergy's control of Missouri's politicians and regulators to end.
The use of Section 229.100 goes way back in GBE history and has been argued over and over. The statute says:
No person or persons, association, companies or corporations shall erect poles for the suspension of electric light, or power wires, or lay and maintain pipes, conductors, mains and conduits for any purpose whatever, through, on, under or across the public roads or highways of any county of this state, without first having obtained the assent of the county commission of such county therefore; and no poles shall be erected or such pipes, conductors, mains and conduits be laid or maintained, except under such reasonable rules and regulations as may be prescribed and promulgated by the county highway engineer, with the approval of the county commission.
Grain Belt doesn't like this statute. It wants Missouri counties to bend over and "assent" to whatever GBE wants to do. When it doesn't get what it wants, it uses the courts to bludgeon counties into submission. Or at least that's how Invenergy imagined it happening.
The statute is clear -- you can't erect poles without the assent of the Commission. Nothing in there says the county must assent, or that assent is guaranteed. The statute also allows for reasonable rules and regulations to be prescribed and promulgated by the county highway engineer. That doesn't mean that the highway engineer must accept GBE's plan for crossing roadways. It's up to the highway engineer whether to accept GBE's plans or modify them.
Stay tuned to this battle! Maybe Invenergy thought it could use its money and political influence to push Monroe County around, but I'm betting it didn't expect to take on the State of Missouri.
The statute is clear -- you can't erect poles without the assent of the Commission. Nothing in there says the county must assent, or that assent is guaranteed. The statute also allows for reasonable rules and regulations to be prescribed and promulgated by the county highway engineer. That doesn't mean that the highway engineer must accept GBE's plan for crossing roadways. It's up to the highway engineer whether to accept GBE's plans or modify them.
Stay tuned to this battle! Maybe Invenergy thought it could use its money and political influence to push Monroe County around, but I'm betting it didn't expect to take on the State of Missouri.
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