Judge grants Bull Moose Tube’s summary motion, denies city’s motion

BY Linda Trest, Staff Writer
Posted 10/16/19

In a move that left city officials stunned, 20th Judicial Senior Judge Gael D. Wood ruled in favor of Bull Moose Tube Co. (BMT) in their lawsuit against the City of Gerald.

In early 2018, the …

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Judge grants Bull Moose Tube’s summary motion, denies city’s motion

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In a move that left city officials stunned, 20th Judicial Senior Judge Gael D. Wood ruled in favor of Bull Moose Tube Co. (BMT) in their lawsuit against the City of Gerald.

In early 2018, the City of Gerald asked that BMT drastically increase its lease payment to the city. BMT pays $4,600 a year, a rate set in the 1960s. The two entities were discussing terms when BMT abruptly filed suit against the city in February 2018.

The short summary judgment, filed Sept. 30, reads:

The motions of Plaintiff and Defendant for summary judgement pursuant to Rule 74.04 of the Missouri Rules of Civil procedure having been presented and argued, and the Court being now fully advised in the premises, the Court finds that the Plaintiff is entitled to summary judgement and Defendant is not.

It is, therefore, ordered, adjudged and decreed that Plaintiff’s motion for summary judgment be and the same is hereby granted. The Court declares that the subject leases are in full force and effect and that Plaintiff presently has the lawful right to quiet possession of the subject premises. The Court further finds in favor of Plaintiff on all counts of Defendant’s counterclaim. Defendant’s motion for summary judgment is denied.

Costs taxed to Defendant.

City attorney Dave Struebel had little to say about the case except that he was not expecting such a decision. When asked if the city would appeal the decision, he said he would not speculate on a case. It was the same response he gave to other questions.

Struebel also sidestepped questions concerning how much his firm, Cunningham, Vogel & Rost, P.C. have billed the city for their representation in the civil case.

Ward 2 Alderman Ed Adams serves as president of the board of aldermen. He reports that he is still digesting the decision. The city has until Nov. 11 to appeal the decision.

While the aldermen won’t meet again for a regular meeting until Nov. 14, they do have workshops scheduled each Monday for the next several weeks. Adams said they might schedule a meeting to coincide with one of the workshops to discuss their plans. Any such discussion would be done in an executive session.

Judge Wood once served as a Circuit Court Judge, but was mandated to step down in 2017 after reaching the age of 70. He currently serves as the municipal judge for the Franklin County Municipal Division.

On June 14, 2018, Judge Wood was assigned by the Missouri Supreme Court to hear this case.

 

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