JEFFERSON CITY聽鈥 Two Republican state lawmakers and an anti-tax advocate asked the Missouri Supreme Court Tuesday to overturn a decision that blocked their bid to scuttle a law designed to keep Kansas City鈥檚 sports teams from moving from Missouri to Kansas.
Sen. Mike Moon, R-Ash Grove, and Rep. Bryant Wolfin, R-Ste. Genevieve, and Maries County resident Ron Calzone said Cole County Circuit Judge Christopher Limbaugh鈥檚 January ruling that they lacked legal standing to move forward with the litigation was flawed because they are residents of the state and state funds have been spent聽to implement the law.
Bevis Schock, an attorney representing the lawmakers, told the high court the state undoubtedly has spent money related to the new law in preparation for the possibility of a team seeking state aid for a stadium.
That expense could be as small as the creation of a form for a sports team to apply for funding, Schock said.
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Attorneys for the state told the court that the law and Limbaugh鈥檚 decision were procedurally sound because the challengers have not provided concrete examples of taxpayer dollars being spent.
鈥淐ase law is clear: There has to be a direct expenditure,鈥 attorney Marc Ellinger said.
Schock scoffed at that contention, saying attorneys for the state have their heads buried in sand in hopes the problems with the law go away.
鈥淭hey ask you to employ the ostrich defense,鈥 Schock said.
The lawsuit was filed in the aftermath of last June's special session of the Legislature, which resulted in an offer to the Kansas City Chiefs football team and the Kansas City Royals baseball team to stay in Missouri.
In December, the聽Chiefs announced it had accepted聽a more lucrative package offered by the State of Kansas and would be moving to a site across the border after their lease at Arrowhead Stadium ends in 2031.
The Royals are attempting to move from their current home next to Arrowhead to a site in downtown Kansas City. The proposed聽$1.9 billion stadium is expected to rely on state funding from the law.
The Missouri plan would pay an estimated 50% of the stadium costs, using sales tax revenue聽generated by the teams from tickets, food and merchandise and other income. The package also calls for local governments to pay a share of the costs.
The 最新杏吧原创 Cardinals baseball team聽also would be eligible for aid聽in future years, although Busch Stadium was not the focus of the聽effort.
The lawsuit also centers聽on some of the sweeteners inserted into the stadium subsidy package to garner support from lawmakers across the state, including more than聽$100 million to help 最新杏吧原创聽recover from the May 16 tornado. The law also could limit property tax increases in 97 of the state鈥檚 114 counties.
Limbaugh rejected the suit in January without ruling on its actual merits. If the Supreme Court agrees with the trio, the case likely would return to Cole County for further deliberation.
The seven-judge panel offered little insight into how they view the dispute, but Judge Paul Wilson asked attorneys if the lawmakers could re-open their case when they have proof that tax dollars have been spent.
Attorneys for the state said the two lawmakers instead could work through the political process as state legislators and try to convince their colleagues to overturn the law or withhold funding for any new stadiums.
鈥淢oon and Wolfin are now seeking to use the judiciary to obtain victories that eluded them in the political process,鈥 deputy solicitor general Michael Patton wrote in pre-trial briefs.





