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Judges named in Buescher case

Judges named in Buescher case

March 1st, 2017 by Sam Richardson in News

Judges Lisa White Hardwick, Gary D. Witt and Presiding Judge Mark D. Pfeiffer will hear Jefferson City's case against Barbara J. Buescher when the Missouri Court of Appeals for Western Missouri convenes at 1 p.m. April 5 at William Woods University in Fulton, the court announced Monday.

Audrey E. Smollen, of the Rosenthal Law firm, will present the argument for Buescher; and Marshall V. Wilson, of the Berry Wilson Law firm, will speak on behalf of Jefferson City. The case was appealed from a ruling in Judge Patricia Joyce's Cole County Circuit Court last May.

Smollen and Wilson will receive 15 minutes each to present their side of the dispute and field questions from the judges. The appellant, Smollen, will then have five additional minutes for a concluding rebuttal.

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Jefferson City sued Buescher June 18, 2015, alleging multiple violations of the municipal building code on properties Buescher owns in the historic East Capitol Avenue neighborhood near downtown Jefferson City. Joyce awarded the city a $24,7895.33 judgment after finding Buescher guilty of the allegations. Smollen appealed the ruling on Buescher's behalf June 24.

Motions for delays in filing briefs on both sides resulted in scheduling the oral arguments in Fulton. Cases in the appeals courts of Missouri may be submitted on briefs only and oral argument may be waived. However, a respondent who fails to file a brief will not be permitted to participate in an oral argument.

Appeals courts in Missouri often move the cases from Kansas City, Springfield or St. Louis, as was done with the Buescher case last week, as an accommodation to appellants, respondents, attorneys and others interested in litigation.

The court's district comprises 45 counties in central and western Missouri.

Hardwick is from Kansas City, Witt is from Platte City and Pfeiffer is from Columbia.