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Jenner & Block Partners Barry Sullivan and Gabrielle Sigel recently secured a unanimous victory before the Missouri Supreme Court. City of Bridgeton v. Missouri-American Water Company, No. SC 87744 (April 17, 2007).
Representing the City of Bridgeton, Missouri, Jenner & Block argued that it was up to the City to determine whether road-building projects were necessary for public necessity and safety, and that the City’s determination of public necessity and safety could not be second-guessed by the courts or others affected by the project.
As a result, the City can use private funding for public projects and still require the water company to abide by existing agreements and common law duties to pay for the relocation of their facilities. Mr. Sullivan and Ms. Sigel secured this victory in the Supreme Court after the City had lost in both courts below, and despite the water company's assertion that Missouri case law was dispositive in its favor.
Mr. Sullivan is Co-Chair of the Firm’s Appellate and Supreme Court Practice and Ms. Sigel is Co-Chair of the Firm's Climate and Clean Technology Law Practice and a member of the Firm’s Environmental, Energy and Natural Resources Law Practice.