Brian Kelly @brpkelly

ST. LOUIS (KMOX)-It could be a couple of months before a three judge panel of the Missouri Court of Appeals issues its ruling on whether the Loop Trolley violated the law, when it built outside its specified boundaries.

Before judges Robert Dowd, Mary Hoff and Kurt Odenwald Tuesday morning, JoAnn Sandifer, the attorney for the Trolley District, argued that it’s legal for the project to go beyond the borders, if it’s ‘necessary and convenient’ for completion.

But Canice Timothy Rice, the attorney for plaintiff Peter Sarandos, argued that ‘convenient’ is too broad a word. “It’s sort of like the camel’s nose is under the tent. If it goes into Forest Park around the History Museum what’s next? Is it going to cross the park and go the Zoo? Is it going to go through the park and over to the science museum?”

loop trolley appeal Loop Trolley Lawsuit Goes Before Appeals Court Panel

Missouri Court of Appeals Judge Kurt Odenwald questions attorney Canice Timothy Rice during Tuesday’s hearing on Loop Trolley lawsuit. (Brian Kelly/KMOX)

Rice says building  300 feet beyond the border on one end and 235 feet beyond it at the other, violates the will of the voters. “The project as presented to voters was to build it within the boundaries. If they think the boundaries are too narrow or too small, then the remedy is to go back to the voters.”

Sandifer told the judges that the line extended beyond the boundaries to provide safe boarding areas and meet engineering requirements for the ends of the line. Rice argued that if it the court upheld the boundaries, the system ‘could be re-designed on a napkin at Blueberry Hill’, a reference to the popular attraction owned by trolley backer Joe Edwards.

Such a re-design, Sandifer said, would cost millions of dollars.

The judges gave no indication when they may hand down their decision to either uphold the lower court ruling in favor of the Trolley District, or send it back to the circuit court.

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