Ballot measure supporters give up legal fight

By The Associated Press

Published: Wednesday, September 6, 2006 12:00 AM CDT

The backers of two ballot proposals limiting government spending and eminent domain in Missouri gave up their legal fight Tuesday to get the constitutional amendments on the Nov. 7 ballot.

Both initiative petitions had been rejected in May by Secretary of State Robin Carnahan, who concluded they were not properly organized under state law. Cole County Circuit Judge Richard Callahan upheld that decision in July.

Courts also struck down the financial estimates attached to both initiative petitions.

The initiatives were sponsored by the group Missourians in Charge, which wanted the Missouri Supreme Court to hear its appeals. But the state's highest court last month sent the cases back to the Western District state Court of Appeals, which had scheduled a hearing for Thursday.

Although that didn't preclude the cases from coming back to the Supreme Court, Missourians in Charge viewed that as a bad sign, said group organizer Patrick Tuohey, of Kansas City.

“Given the clock ticking, a Supreme Court that was going to express an interest in this would have taken this case already and would have issued a ruling shortly, if not already,” Tuohey said.


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