Less than two weeks after six Missouri lawmakers sued Gov. Jay Nixon and others over plans to build a new St. Louis football stadium, Attorney General Chris Koster asked the court to remove Nixon from the case.
"Plaintiffs have failed to plead facts stating any claim against the Governor upon which relief can be granted," Deputy General Counsel Andrew Hirth wrote in a 10-page motion to dismiss Nixon from the case.
On May 27, Rep. Jay Barnes, R-Jefferson City, who is a lawyer, filed a nine-page lawsuit for himself, fellow Reps. Tracy McCreery, D-St. Louis County, and Rob Vescovo, R-Arnold, and Mark Parkinson, R-St. Charles and Sen. Rob Schaaf, R-St. Joseph, asking the Cole County circuit court to block Nixon and the St. Louis Regional Convention and Sports Authority (RSA) from spending Edward Jones Dome money on the proposed new football stadium.
The case was assigned to Cole County Circuit Judge Patricia Joyce.
However, last Tuesday - the day after the motion to dismiss Nixon was filed - Barnes moved for a change of judge.
On Thursday, the case was transferred to Judge Dan Green.
The lawsuit reminds the court the RSA was created by state law and given authority to construct and operate the Edward Jones Dome in downtown St. Louis. Financing for the project occurred with help from state taxpayers as well as St. Louis City and County taxpayers.
The National Football League's Rams have leased the domed stadium and played in it since 1995.
However, Rams owner Stan Kroenke "has announced his intention to build a new football stadium in southern California which would serve as a new venue for the Rams," the lawsuit explained, prompting Nixon late last year "to appoint a two-person task force to develop a financing plan for construction and operation of a new sports stadium to present to the Rams ownership and the NFL."
Hirth argued in the motion to dismiss that most of the lawmakers' lawsuit attacks actions taken by the RSA, not Nixon.
"All of the facts Plaintiffs allege about the Governor in their petition concern his election to office, his place of residence, his appointment of state officials, and his hope that a new stadium will be constructed in St. Louis," Hirth wrote. "At best, Plaintiffs have pleaded facts suggesting that the Governor appointed a task force to look for ways to finance a new stadium and then discussed the task force's ideas for doing so in public.
"Even under the most favorable interpretation of their Petition, Plaintiffs allege nothing more than the Governor's involvement in making plans to build a new stadium in St. Louis.
"Plaintiffs have provided no authority stating or even intimating that Missouri law prohibits the Governor from making or announcing plans."
Throughout the motion, Hirth noted most of Barnes' arguments in the original suit speak of one defendant - the Convention and Sports Authority - rather than multiple defendants that could include the governor.
The attorney general's notion does not include comments Nixon made recently in St. Louis, that the lawmakers' lawsuit was a "publicity stunt."
As of Friday, Barnes had not filed an answer to the attorney general's motion to dismiss.