IN THE CIRCUIT COURT OF FRANKLIN COUNTY STATE OF MISSOURI

State of Missouri, ex rel. RUTH CAMPBELL, NANCY CAMPBELL, EDWIN ELZEMEYER, JR., EULINE ELZEMEYER, RICHARD STETTES, LORAINE STETTES, KARA CARTER, JENNIFER CARTER NORRIS, KATHERINE CARTER THOMAS, SUSAN YARBROUGH, JOHN YARBROUGH, and LABADIE ENVIRONMENTAL ORGANIZATION, Relators- Plaintiffs,

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COUNTY COMMISSION OF FRANKLIN COUNTY, Respondent-Defendant

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VERIFIED PETITION FOR WRIT OF CERTIORARI, DECLARATORY JUDGMENT AND INJUNCTION, AND REVIEW OF A CONTESTED CASE Come now Relators-Plaintiffs and for their claims for relief state as follows:

ALLEGATIONS APPLICABLE TO ALL COUNTS Jurisdiction and Venue I. This action is a challenge to the October 25,2011 decision by the Franklin County Commission to amend the Unified Land Use Regulations of Franklin County to allow utility waste (also known as coal ash) landfills (hereinafter "coal ash landfill zoning amendments" or "landfill zoning amendments").

The coal

landfill zoning amendments allow one and only one entity, Ameren

Missouri, to build a coal ash landfill in one and only one location, the Missouri River floodplain and floodway adjacent to Ameren Missouri's Labadie coal-tired power plant. 3. Relator-Plaintiff Ruth Campbell owns and resides on 63 acres of property that is approximately 0.02 mile from Ameren Missouri's Labadie power plant property and approximately 0.4 mile from the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. She relies on a groundwater well for drinking water and other domestic purposes, and is concerned that a coal ash landfill built in the Missouri River floodplain near her property will contaminate her groundwater well, threatening her health and reducing the value of her property. She is also concerned that air pollution from a coal ash landfill near her property will endanger her health. 4. Relator-Plaintiff Nancy Campbell owns and resides on three acres of property that is approximately 0.6 mile from Arneren Missouri's Labadie power plant property and approximately 0.9 mile from the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. She also has an inheritance interest in her mother Ruth Campbell's property, described in paragraph 3 above. She relies on a groundwater well for drinking water and other domestic purposes, and is concerned that a coal ash landfill built in the Missouri River floodplain near her property will contaminate her groundwater well, threatening her health and reducing the value of her property. She is also concerned that contamination of her groundwater well will adversely affect the operation of an alpaca-raising business on her property. 5. Relators-Plaintiffs Edwin and Euline Elzemeyer own 80 acres of bottomland directly adjacent to Ameren Missouri's Labadie power plant property and approximately 0.9 mile from

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the only location in Franklin County where a coal ash landfill can be constructed under the coal landfill amendments. Edwin also shares ownership of acres of property that is

approximately 0.6 mile from the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. They are concerned that the construction and operation of a large coal ash landfill in the Missouri River floodplain and flood way near their bottomland will increase flooding of their bottomland property and reduce its value due to groundwater contamination or flooding or both. They are also concerned that the construction and operation of a coal ash landfill in the Missouri River floodplain near their other property will contaminate the groundwater well on which they rely for drinking water and other domestic purposes, threatening their health and reducing the value of such property. 6. Relators-Plaintiffs Richard and Loraine Stettes own 18 acres of property that is approximately 0.3 mile from the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. They are concerned that the construction and operation of a coal ash landfill in the Missouri River floodplain near their property will contaminate their groundwater well used for domestic purposes, contaminate their land through flooding or groundwater contamination or both, increase flood damage to their property, and pollute the air that they breathe, threatening their health and reducing the value of their property. 7. Relator-Plaintiff Kara Carter owns property that overlooks and is approximately 1 mile from the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. She is concerned that the construction and operation of a coal ash landfill in the Missouri River floodplain near her property will contaminate the

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groundwater well on which she relies for domestic purposes, pollute the air she breathes, and impair her view of the floodplain, threatening her health and reducing the value of her property. 8. Relator-Plaintiff Jennifer Carter Noms owns property that overlooks and is approximately 0.9 mile from the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. She is concerned that the construction and operation of a coal ash landfill in the Missouri River floodplain near her property will contaminate the groundwater well on which she relies for domestic purposes and impair her view of the floodplain, threatening her health and reducing the value of her property. 9. Relator-Plaintiff Katherine Carter Thomas owns property that overlooks and is approximately 0.8 mile from the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. She is concerned that the construction and operation of a coal ash landfill in the Missouri River floodplain near her property will contaminate the groundwater well on which she relies for domestic purposes, impair her view of the floodplain, and cause her to abandon plans to build a house on and move to her property, threatening her health and reducing the value of her property. 10. Relators-Plaintiffs Susan and John Yarbrough own a restaurant and bar in downtown Labadie, approximately 0.3 miles from Ameren Missouri's Labadie power plant and approximately 1.8 miles from only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. Their business is on the street that provides the sole access for vehicles traveling to Ameren Missouri's Labadie power plant. They are concerned that increased truck traffic due to the construction and operation of a large coal ash landfill adjacent to Ameren Missouri's Labadie power plant will harm their business by increasing congestion, making downtown Labadie less safe and welcoming, make outdoor dining

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appealing, and make downtown Labadie a less attractive destination due to noise and air pollution. They are also concerned that the construction and operation of a large, controversial coal ash landfill within 2 miles of downtown Labadie will discourage visitors and tourists from visiting and spending money at their restaurant and bar, causing them financial loss and reducing the value of their business. 11. Relator-Plaintiff Labadie Environmental Organization, Inc. ("LEO") is a non-profit corporation in good standing organized under the laws of the State of Missouri. LEO is a grassroots, non-partisan, citizens group engaged in advocacy seeking to prevent the siting of a coal ash landfill in the Missouri River floodplain. Relators-plaintiffs Ruth Campbell, Edwin and Euline Elzemeyer, Richard and Loraine Stettes, Kara Carter, Jennifer Carter Norris, Katherine Carter Thomas, and Susan and John Yarbrough are members of LEO. Additional LEO members own property and reside on the bluffs directly above the only location in Franklin County where a coal ash landfill can be constructed under the coal ash landfill zoning amendments. The relators-plaintiffs and other LEO members who own property and reside near Ameren Missouri's Labadie plant and the proposed landfill site are concerned that the coal ash landfill zoning amendments will harm them because the construction and operation of a coal ash landfill in the Missouri River floodplain and floodway threatens to contaminate their groundwater wells, contaminate their land, pollute the air they breathe, increase truck traffic near their homes and business, increase flood damage to their properties, adversely affect their views of the floodplain, impair their use and enjoyment of their properties, and reduce the value of their properties and businesses. 12. Relators-plaintiffs submitted comments to the Franklin County Commission against the adoption of zoning amendments that would allow coal ash landfills in Franklin County.

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13. Relators-plaintiffs submitted expert testimony and documents to the Franklin County Commission against the adoption of zoning amendments that would allow coal ash landfills in Franklin County. 14. Franklin County is a non-charter county of the first classification. 15. Respondent-defendant County Commission of Franklin County ("Commission") is the

duly constituted county commission created and existing under the laws of the State of Missouri. 16. The Commission voted on October 25,2011 to amend the Unified Land Use Regulations of Franklin County to allow utility waste landfills. 17. Relators-plaintiffs are aggrieved by the decision of the Franklin County Commission to amend the Unified Land Use Regulations of Franklin County to allow utility waste landfills. 18. This action is timely tiled within 30 days of the decision being challenged. 19. This court has jurisdiction over this action pursuant to §§ 64.870.2, 536.100-536.140 and/or 536.150,526.010, and 527.010, RS.Mo.

20. Venue is proper in Franklin County. Facts Common to All Counts 21. The Unified Land Use Regulations of Franklin County ("Franklin County zoning regulations") state that they were adopted pursuant to §§ 64.800 - 64.905, R.S.Mo. and took effect on December 31, 1992. A true and correct copy of said Franklin County zoning regulations as they existed prior to October 25,2011 is attached hereto as Exhibit A and hereby incorporated by reference. Prior to October 25,2011, the Franklin County zoning regulations did not list utility waste landfills as permitted or conditional uses in any zoning district.

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· On or about May 28, 2002, Franklin County adopted a master plan, entitled Franklin County 10 Master Plan, pursuant to § 64.815, RS.Mo. true and correct copy of said

Franklin County 2010 Master Plan is attached hereto as Exhibit B and hereby incorporated by reference. 24. The Franklin County 2010 Master Plan was in effect on October 25,2011. 25. In March 2007, Franklin County applied to the East-West Gateway Council of Governments to include downtown Labadie in the Great Streets Initiative. The stated goal of the application was to "enhance and preserve the unique 'rural charm' of our 'Main' Street and its surrounds." A true and correct copy of said Great Street Initiative application is attached hereto as Exhibit C and hereby incorporated by reference. 26. Franklin County's Great Streets application noted that one of the challenges facing the enhancement and preservation of downtown Labadie is that Front Street, the "Main" street of Labadie, is the only means of access to Ameren Missouri's Labadie power plant. "300 employees and numerous tandem dump trucks travel this road every day. A system of traffic management is needed to avoid the daily congestion created during rush hour." 27. Franklin County's Great Streets application also noted that implementing the proposal could have important economic benefits: "An enhancement project for Labadie would be the stimulus for attracting new tenants and providing an economic boom to the area." 28. Franklin County's Great Streets application concluded as follows: "We have to remember that without taking the initiative and courage to maintain and enhance unique towns like Labadie, the essence of the past will be lost for future generations."

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In September 2007, the East-West Gateway Council of Governments selected Franklin County's Labadie proposal as one of four demonstration projects across the bi-state Sf. Louis metropolitan region. 30. Union Electric Company doing business as Ameren Missouri ("Ameren Missouri") is a utility company headquartered at One Ameren Plaza, 1901 Chouteau Ave. St. Louis, MO 63166. 31. Ameren Missouri owns and operates four coal-fired power plants in the St. Louis metropolitan area. 32. Ameren Missouri's largest coal-fired power plant is the Labadie plant in Franklin County, Missouri. 33. Ameren Missouri's Labadie plant is the only public utility power generation plant in Franklin County. 34. Ameren Missouri's Labadie plant commenced operation in 1970 and has a generating capacity of more than 2400 megawatts of electricity. 35. Ameren Missouri's Labadie plant was constructed before Franklin County adopted zoning regulations. 36. When Franklin County adopted zoning regulations, it zoned the area in which the Labadie plant was already located as Agricultural Non-Urban. 37. Ameren Missouri's Labadie plant is a nonconforming use in an Agricultural Non-Urban zoning district. 38. The Labadie plant is located near the unincorporated town of Labadie and alongside the Missouri River.

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The land surrounding the Labadie plant is within the 100-year floodplain of the Missouri River and most of it is within the regulatory floodway delineated by the Federal Emergency Management Agency ("FEMA"). 40. The land surrounding the Labadie plant is in an earthquake hazard zone. According to the Missouri Department of Natural Resources ("DNR"), the land surrounding the Labadie plant is at risk of liquefaction during an earthquake, which could cause the landfill to collapse. 41. According to Ameren Missouri, the Labadie plant burns approximately 10 million tons of coal per year and generates more than 500,000 tons of coal ash per year. Ameren Missouri estimates that the Labadie plant's coal ash generation will increase to 650,000 tons per year. 42. Ameren Missouri diverts some of the coal ash generated by the Labadie plant to "beneficial reuse" applications. 43. Ameren Missouri disposes of the remainder of the coal ash generated by the Labadie plant at two ash ponds at the plant site. 44. Ameren Missouri discharges ash pond wastewater from the Labadie plant's ash ponds into the Missouri River under a water pollution discharge permit issued by the DNR. 45. Ameren Missouri states that one of the ash ponds was constructed in or about 1970, when the Labadie plant commenced operations ("the 1970 ash pond"). It is approximately 154 acres

and is not lined. The other ash pond was constructed in or about 1993, is approximately 79 acres, and has a synthetic liner. 46. The 1970 ash pond has been leaking since at least 1992, when Ameren Missouri reported two leaks totaling approximately 50,000 gallons per day to the DNR. 47. In or about September 2011, Ameren Missouri notified DNR of additional leaks at the 1970 ash pond.

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48. Neither Ameren Missouri nor any government agency has tested the groundwater in the vicinity of the 1970 ash pond to determine the extent of any groundwater contamination. 49. Neither Arneren Missouri nor any government agency has cleaned up any groundwater contamination caused by leakage from the 1970 ash pond. 50. According to the U.S. Environmental Protection Agency ("EPA"), everyone within at least four miles of the Labadie plant relies on groundwater for drinking water and other domestic purposes. 51. From approximately 2007 to 2009, Ameren Missouri acquired more than 1,100 acres east of the Labadie plant in order construct a coal ash landfill ("proposed Labadie coal ash landfill site"). 52. The proposed Labadie coal ash landfill site is predominantly farmland in the lOO-year floodplain and floodway of the Missouri River. It is zoned Agricultural Non-Urban. 53. In 2009, Ameren Missouri announced to the public its proposal to build a coal ash landfill on the land it had recently acquired nearby the Labadie plant. 54. In July 2009, Ameren Missouri met with Franklin County Planning and Zoning representatives to discuss Ameren's proposal to build a coal ash landfill near the Labadie plant. 55. On November 16,2009, Ameren Missouri held a public information session in Labadie to discuss its proposal to build a coal ash landfill near the Labadie plant. 56. In January 2010, FEMA held a public information session at the Franklin County government building to discuss draft revised Federal Insurance Rate Maps ("FIRtV1maps") that FEMA had published for public comment in November 2009. The draft revised FIRM maps confirmed that the land surrounding Ameren Missouri's Labadie power plant is within the 100year floodplain of the Missouri River, and that most of that land is within the regulatory

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LV<JLtU15

amencmems to the County

58. provided that utility waste landfills would become a permitted use in every zoning district of the County, as long as the landfill is within 1,000 the power plant are under common ownership. 59. In the Memorial Day weekend May 29-30,2010 edition of The Missourian, Franklin County published notice of a public hearing on.landfill zoning amendments proposed by the County's Planning and Zoning Department ("P&Z Proposed Landfill Zoning Amendments"). 60. The P&Z Proposed Landfill Zoning Amendments provided that utility waste landfills would become a permitted use in every zoning district of the County, as long as the landfill is within 1,000 feet of an existing power plant, the landfill and the plant are under common ownership, and the landfill is not within the IOO-year floodplain. 61. After a public hearing on July 6 and 20, 2010, the Planning and Zoning Commission in September 2010 recommended to the Franklin County Commission that utility waste landfills be a permitted use industrial zoning districts only, that they be contiguous to an existing power under common ownership. of an existing power plant and the landfill and

and that the plant and the landfill

The Franklin County Commission held a public hearing on December 14, 2010 and February 8, 2011 regarding the proposed landfill zoning amendments.

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63. On April

2011, the County Commission held a public session at which the

Commissioners asked questions of nine people who had spoken at the public hearing and whom the Commission invited to reappear. 64. On May 31, 201 I, the County Commission adopted Commission Order 11-182, amending the County's Floodplain Management Regulations (Appendix H of the County's Unified Land Use Regulations) to adopt FEMA's revised FIRM maps (effective October 18, 2011). A true and correct copy of said Order is attached hereto as Exhibit D and incorporated herein by reference. A true and correct copy of the portions of the revised FIRM maps that include Ameren Missouri's Labadie plant and surrounding land, with the outline of Ameren's proposed coal ash landfill indicated thereon, is attached hereto as Exhibit E and incorporated herein by reference. 65. On June 21, 2011, the County Commission adopted Commission Order 11-199, authorizing the County to work with the Missouri Department of Transportation to make available federal funds, administered by the state, for the enhancement of downtown Labadie in connection with the Great Streets program. A true and correct copy of said Order is attached hereto as Exhibit F and incorporated herein by reference. 66. On August 31, 2011, FEMA published notice that it had finalized the draft FIRM maps demarcating floodplain and floodway areas in Franklin County, with the effective date of October 18, 2011. 67. On July 6 and September 30,2011, the County Commission held working meetings to discuss the proposed landfill zoning amendments. 68. On October 25,2011, the County Commission considered the landfill amendments to the Franklin County Unified Land Use Regulations at its regular weekly business meeting.

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69. At the October

2011 Commission meeting, the County Commissioners voted on the

landfill amendments without discussion. 70. At the October 25,2011 Commission meeting, the Franklin County Commission voted 1 to approve landfill amendments to the Unified Land Use Regulations of Franklin County ("the landfill zoning amendments"). A true and correct copy of the landfill zoning amendments are attached hereto as Exhibit G and incorporated herein by reference. 71. The landfill zoning amendments make coal ash landfills a permitted use in all zoning districts except for suburban and residential development districts, provided that the landfill is contiguous to and under common ownership with an existing power plant. The amendments set forth additional requirements applicable to the construction and operation of coal ash landfills. Count I - Verified Petition for Writ of Certiorari Pursuant to § 64.870.2, R.S.Mo. The County Commission's Decision is Illegal for Failure to Provide a Public Hearing at which the True Subject of the Zoning Amendments Could Be Discussed. 72. The allegations in paragraphs 1 - 71 above are hereby realleged and incorporated herein by reference. 73. This verified petition for writ of certiorari is filed pursuant to §64.870.2, RS.Mo. 74. Missouri law requires the Franklin County Commission to hold public hearings before adopting zoning amendments. §64.875, RS.Mo. 75. The Franklin County zoning regulations require public hearings on proposed zoning amendments: "No order or recommendation that amends any of the provisions of these regulations may be adopted until a public hearing has been held on such order or recommendation." Unified Land Use Regulations of Franklin County (Exhibit A), Article 14, section 321. 76. The proposed landfill zoning amendments that were the subject of the hearings before the Planning and Zoning Commission and the Franklin County Commission required that any coal 13

ash landfill in Franklin County be (1) located within 1,000 feet of an existing utility power generation plant and (2) under common ownership with the adjacent power plant. 77. The landfill zoning amendments adopted by the Franklin County Commission on October 2011 require that any coal ash landfill in Franklin County be (1) located on property contiguous to a public utility power generation plant and (2) under common ownership with the adjacent power plant. 78. Ameren Missouri's Labadie power plant is the only public utility power generation plant in Franklin County. 79. The land owned by Ameren Missouri and contiguous to the Labadie power plant is in the 100-year floodplain of the Missouri River and most of it is in the floodway. 80. The provisions of the proposed landfill zoning amendments regarding utility waste landfills, and the utility waste landfill provisions of the landfill zoning amendments adopted by the Franklin County Commission, apply only to Ameren Missouri. 81. The proposed landfill zoning amendments, and the landfill zoning amendments adopted by the Franklin County Commission, require that any coal ash landfill in Franklin County be located in the IOO-year floodplain of the Missouri River, most of which is also floodway, adjacent to Ameren Missouri's Labadie power plant. 82. At the public hearing before the Planning and Zoning Commission, the Chairman announced that speakers could not discuss Ameren Missouri or its proposed site for a coal ash landfill near the Labadie power plant. The Chairman stated: "Weare not here to discuss any particular project." 83. At the public hearing before the Franklin County Commission, the Presiding Commissioner stated that speakers could not discuss Ameren Missouri or its proposed site for a

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landfill near off referring to anything filed

44"'"........'' '

power plant. The Presiding Commissioner stated: "[Ijf we start

and the proposal, .,. there is no proposal. There hasn't been a separate issue. ... If we go off on a tangent

so that's going to

about Ameren or about

ash and all that, I don't want to do that, but I will interrupt you."

84. At the public hearing before the Franklin County Commission, the Presiding Commissioner and the County Counselor interrupted speakers when they attempted to discuss Ameren Missouri's proposed Labadie landfill site and prevented them from discussing their concerns regarding the proposed site. 85. The limitations precluding speakers from addressing Ameren Missouri or its proposed Labadie landfill, and the interruption of several speakers when they attempted to do so, chilled others from even attempting to address Ameren or its proposed Labadie landfill. 86. The Planning and Zoning Commission and the Franklin County Commission prevented relators and other members of the public from addressing their concerns regarding the proposed zoning amendments - i.e., their concerns regarding Ameren Missouri's proposal to site a coal ash landfill in the Missouri River floodplain and floodway near the Labadie power plant. 87. Employing a fiction that the proposed landfill zoning amendments did not apply to any particular project but were only generic in nature, the Planning and Zoning Commission and the Franklin County Commission unlawfully deprived relators and the public of an opportunity for a public hearing on the true subject of the zoning amendments - Ameren Missouri's proposal to site a coal ash landfill in the Missouri River floodplain and floodway. 88. The P&Z Proposed Landfill Zoning Amendments, which were the subject of the public hearing before the Planning and Zoning Commission in July 2010, provided that coal ash landfills would be a permitted use.

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89. The Planning and Zoning Commission's recommendation to the Franklin County Commission provided that coal landfills would be a permitted use.

90. The proposed landfill zoning amendments which were the subject of the public hearing before the Franklin County Commission in December 2010 and February 2011, as well as the question session in April 2011, provided that coal ash landfills would be a permitted use. 91. The landfill zoning amendments adopted by the Franklin County Commission provide that coal ash landfills are a permitted use. 92. Because the landfill zoning amendments made coal ash landfills a permitted use, the Franklin County zoning regulations offer no opportunity for a public hearing on Ameren Missouri's proposed coal ash landfill in the Missouri River floodplain and floodway. 93. The Franklin County Commission acted illegally and unreasonably by adopting the landfill zoning amendments on October 25,2011 without holding a valid public hearing as required by §64.875, R.S.Mo. and Article 14, section 321 of the Unified Land Use Regulations of Franklin County. WHEREFORE, Relators respectfully request that this Court: (1) Issue a Writ of Certiorari directing Respondent County Commission of Franklin County to provide this Court on or before the date indicated in the Writ with a certified copy of the full, true and complete record pertaining to the landfill zoning amendments adopted on October 25,2011 and all other acts and proceedings before, and communications to or from, the County Commission in this matter; (2) Upon review of the record, reverse the decision of the County Commission to adopt the landfill zoning amendments and enter judgment in favor of Relators and against the County Commission; and

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(3) Grant such further relief as the Court deems just and proper. Count II - Verified Petition for Writ of Certiorari Pursuant to § 64.870.2, R.S.Mo. The County Commission's Decision is Illegal Because It Does Not Promote the Health, Safety, and General Welfare of Franklin County. 94. The allegations of paragraphs 1 through 93 inclusive, above, are hereby realleged and incorporated herein by reference. 95. The Unified Land Use Regulations of Franklin County, Article 14, section 325, prescribe the standards governing amendments thereto: Any such amendment must promote the health, safety, morals, comfort and general welfare of Franklin County by conserving and protecting property and building values, by securing the most economical use of the land and facilitating the adequate provision of public improvements in accordance with the master plan adopted by Franklin County. 96. Relators participated in the hearings and proceedings before the Planning and Zoning Commission and County Commission of Franklin County regarding proposed landfill zoning amendments. 97. Relators submitted evidence to the Planning and Zoning Commission and County Commission of Franklin County demonstrating that the proposed landfill zoning amendments threaten the health, safety, and general welfare of Franklin County, contrary to the requirements of Article 14, section 325, of the Franklin County zoning regulations. 98. There was no demonstration that the landfill zoning amendments promote the health, safety, or general welfare of Franklin County. 99. The landfill zoning amendments do not promote the health of Franklin County for numerous reasons, including but not limited to the following: a. Coal ash landfills are likely to leak, sooner or later. b. Coal ash contains toxins that are harmful to human health. c. The toxins in coal ash travel through water. 17

d. When coal ash toxins leak into groundwater, they can travel through the groundwater and contaminate drinking water wells. e. Everyone within at least four miles of Ameren Missouri's proposed landfill site relies on groundwater for drinking water and other domestic purposes. f. The ingestion of drinking water contaminated with coal ash toxins can cause or contribute to illness and disease in humans. g. The ingestion of drinking water contaminated with coal ash toxins can be harmful to animals. h. Coal ash landfills contain dust-like pollutants, known as particulate matter, that are harmful to human health.
1.

Coal ash landfills can spread coal ash particulate matter to residents and others in the vicinity of the landfill.

J.

Inhalation of coal ash particulate matter can cause or contribute to illness and disease in humans.

100.

The landfill zoning amendments do not promote the safety of Franklin County for

numerous reasons, including but not limited to the following: a. Several roads in the Labadie area are winding, hilly, two-lane, with no shoulders, and pose safety concerns even without additional truck traffic. b. The construction of the landfill will cause increased truck traffic on the already-dangerous roads in the Labadie area as construction materials and personnel travel to and from the landfill site.

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c. The operation of the landfill will cause increased truck traffic on the already-dangerous roads in the Labadie area. Although the landfill zoning amendments preclude disposing of coal ash from plants other than the Labadie plant at the Labadie landfill, they allow additional coal ash to be brought to the landfill and the Labadie plant for other purposes. d. The operation of the landfill will cause increased truck traffic on the already-dangerous roads in the Labadie area as coal ash is brought to or taken from the Labadie plant and landfill sites. e. The construction and operation of the landfill will cause increased truck traffic through downtown Labadie, undermining the goals of the Great Streets Initiative and resulting in a waste of the funds devoted thereto. f. Increased truck traffic on County roads due to the construction and operation of the landfill will adversely affect the condition of the roads, making them even less safe, and require the County to spend additional funds to maintain the affected roads. 101. The landfill zoning amendments do not promote the general welfare of Franklin

County for numerous reasons, including but not limited to the following: a. The presence of a large, controversial landfill containing coal ash will discourage additional residential development in at least the eastern part of Franklin County. b. The presence of a large, controversial landfill containing coal ash will discourage commercial development in at least the eastern part of Franklin County.

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c.

presence of a

controversial landfill containing coal ash will

discourage visitors and tourists from visiting and spending money in the Labadie area if not more generally the eastern part of Franklin County. d. By specifying in the landfill zoning amendments the only acceptable site for a coal ash landfill in Franklin County, the County Commission may be subjecting the County to liability for potentially millions of dollars in clean-up costs under the federal Superfund law (the Comprehensive Environmental Response, Compensation, and Liability Act) should the landfill cause contamination. e. The construction and operation of a large, controversial coal ash landfill containing toxic materials will discourage residents and visitors from patronizing the commercial enterprises in downtown Labadie, reducing the County's sales tax revenue and otherwise adversely affecting the general welfare of the County. f. The construction and operation of a large, controversial coal ash landfill containing toxic materials will undermine the goals of the Great Streets Initiative to enhance downtown Labadie and result in a waste of the funds devoted thereto. 102. The landfill zoning amendments do not conserve and protect property values of

Franklin County for numerous reasons, including but not limited to the following: a. The construction and operation of a coal ash landfill in the Missouri River floodplain and floodway near the Labadie plant will reduce property values in eastern Franklin County because potential buyers seeking the

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rural character that eastern Franklin County currently offers will not want to live and raise their families near a coal ash landfill. b. The construction and operation of a coal ash landfill in the Missouri River floodplain and floodway near the Labadie plant threatens to contaminate groundwater wells used for drinking water and other domestic purposes, reducing the value of the affected or potentially-affected properties.

c. The construction of a coal ash landfill in the Missouri River floodplain and floodway near the Labadie plant will increase truck traffic through downtown Labadie, reducing the property values of the small, family-run businesses there. 103. By making coal ash landfills a permitted use in Franklin County, the County

Commission approved Ameren Missouri's proposed coal ash landfill project without taking the most basic of precautions that are essential to a valid and reasonable evaluation of such project. a. The County Commission did not require Ameren Missouri to file an application describing its land use proposal. When it approved the landfill zoning amendments authorizing the Ameren Labadie landfill as a permitted use, the County Commission did not know, e.g., what activities will take place on the site beyond the disposal of coal ash, the scope and extent of the support facilities servicing the landfill, the method of bringing ash from the Labadie plant to the landfill, the anticipated amount of additional traffic that will visit the site during construction and during operation, the size of the landfill, the height of the landfill, the days and hours of operation, the noise levels, the methods if any that will be

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employed to reduce air emissions, whether contamination from the leaking ash ponds at the existing power plant site is headed toward or has already contaminated the proposed landfill site, or other factors relevant to such use. b. The County Commission did not permit public comment on Ameren Missouri's proposed Labadie landfill. c. The County Commission's decision to take a permitted use approach eliminated the County's opportunity to impose conditions to protect neighbors, the public, and the County based on actual knowledge of Ameren's plans set forth in an application. 104. The Franklin County Commission acted illegally and unreasonably by adopting

landfill zoning amendments that deprive the County of the opportunity to learn the specifics of Ameren's proposal, to obtain public comment on that proposal, and to tailor conditions addressing threats posed by that proposal. 105. The decision of the Franklin County Commission to adopt the landfill zoning

amendments is illegal and unreasonable because it is inconsistent with the County's Master Plan for several reasons, including but not limited to the following. a. The construction and operation of a coal ash landfill in the Missouri River floodplain and floodway near the Labadie power plant will not protect and preserve the rural character of the County. b. The construction of a coal ash landfill will displace farming operations that have taken place for years in the Missouri River floodplain and floodway near the Labadie plant.

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C.

The construction and operation of a coal ash landfill in the Missouri River floodplain and floodway near the Labadie power plant will not protect groundwater resources or maintain a clean groundwater supply protected from pollution sources.

d. The construction of a coal ash landfill in the Missouri River floodplain and floodway near the Labadie power plant will not keep development out of flood-prone areas. 106. The decision of the Franklin County Commission to adopt the landfill zoning

amendments is illegal and unreasonable because the amendments do not promote the health, safety, or general welfare of Franklin County, and do not conserve and protect property values, contrary to the requirements of Article 14, section 325, of the Unified Land Use Regulations of Franklin County. 107. The decision of the Franklin County Commission to adopt the landfill zoning

amendments is illegal and unreasonable because the amendments are inconsistent with the County's Master Plan, contrary to the requirements of Article 14, section 325, of the Unified Land Use Regulations of Franklin County. 108. The decision of the County Commission is unreasonable, not authorized by law,

and is unsupported by competent and substantial evidence. 109. The decision of the County Commission is not fairly debatable because the

construction and operation of a coal ash landfill in the Missouri River floodplain and floodway will not promote the health, safety, or general welfare of Franklin County or conserve and protect property values.

110.

The decision of the County Commission to amend the Land Use Regulations is

illegal and unreasonable and should be reversed. WHEREFORE, Relators respectfully request that this Court: 1. Issue a Writ of Certiorari directing Respondent County Commission of Franklin County to provide this Court on or before the date indicated in the Writ with a certified copy of the full, true and complete record pertaining to the landfill zoning amendments adopted on October 25,2011 and all other acts and proceedings before, and communications to or from, the County Commission in this matter; 2. Upon review of the record, reverse the decision of the County Commission to adopt the landfill zoning amendments and enter judgment in favor of Relators and against the County Commission; and 3. Grant such further relief as the Court deems just and proper. Count III - In the alternative, Petition for Declaratory Judgment and Injunction Pursuant to § 536.150, R.S.Mo. and Chapters 527 and 526, R.S.Mo. - The County Commission's Decision is Illegal for Failure to Provide a Public Hearing at which the True Subject of the Zoning Amendments Could Be Discussed. 112. This petition for declaratory judgment and injunction is filed pursuant to §

536.150, R.S.Mo. and chapters 527 and 526, R.S.Mo. 113. The allegations in paragraphs 1 - 71 above are hereby realleged and incorporated

herein by reference. 114. 115. By reason of the foregoing, plaintiffs lack an adequate remedy at law. By reason of the foregoing, plaintiffs will suffer irreparable injury if Ameren

Missouri constructs and operates a coal ash landfill in the Missouri River floodplain and floodway, as permitted by the landfill zoning amendments.

24

116.

The Franklin County Commission acted illegally, arbitrarily, and unreasonably by

adopting the landfill zoning amendments on October 25, 2011 without holding a valid public hearing as required by § 64.875, R.S.Mo. and Article 14, section Regulations of Franklin County. WHEREFORE, Plaintiffs respectfully request that this Court: (1) Issue a declaratory judgment and decree that the landfill zoning amendments are invalid, void, arbitrary, unreasonable; (2) Reverse the decision of the County Commission to adopt the landfill zoning amendments and enter judgment in favor of plaintiffs and against the County Commission; (3) Enter an injunction enjoining and restraining defendant Franklin County from implementing or enforcing the landfill zoning amendments and from granting any zoning permits or approvals thereunder; and (4) Grant such further relief as the Court deems just and proper. Count IV - In the alternative, Petition for Declaratory Judgment and Injunction Pursuant to § 536.150, R.S.Mo and Chapters 527 and 526, R.S.Mo. - The County Commission's Decision is Illegal Because It Does Not Promote the Health, Safety, and General Welfare of Franklin County. 117. This petition for declaratory judgment and injunction is filed pursuant to § 1 of the Unified Land Use

536.150, R.S.Mo. and chapters 527 and 526, R.S.Mo. 118. The allegations in paragraphs 1 - 93 above are hereby realleged and incorporated

herein by reference. 119. 120. By reason of the foregoing, plaintiffs lack an adequate remedy at law. By reason of the foregoing, plaintiffs will suffer irreparable injury if Ameren

Missouri constructs and operates a coal ash landfill in the Missouri River floodplain and floodway, as authorized by the the landfill zoning amendments.

121.

The Franklin County Commission acted illegally, arbitrarily, and unreasonably by 2011 because they do not promote the

adopting the landfill zoning amendments on October

health, safety, and welfare of Franklin County, do not conserve and protect property values of Franklin County, and are inconsistent with the Master Plan. 122. The decision of the County Commission is unreasonable, not authorized by law,

and is unsupported by competent and substantial evidence. 123. The decision of the County Commission is not fairly debatable because the

construction and operation of a coal ash landfill in the Missouri River floodplain and floodway will not promote the health, safety, or general welfare of Franklin County or conserve and protect property values. 124. The decision of the County Commission to amend the Land Use Regulations is

illegal and unreasonable and should be reversed. WHEREFORE, Plaintiffs respectfully request that this Court: (1) Issue a declaratory judgment and decree that the landfill zoning amendments are invalid, void, arbitrary, unreasonable; (2) Reverse the decision of the County Commission to adopt the landfill zoning amendments and enter judgment in favor of plaintiffs and against the County Commission; (3) Enter an injunction enjoining and restraining defendant Franklin County from implementing or enforcing the landfill zoning amendments and from granting any zoning permits or approvals thereunder; and (4) Grant such further relief as the Court deems just and proper.

26

Count V - In the alternative, Petition for Review of a Contested Case Pursuant to §§ 536.100 to 536.140, RS.Mo. The County Commission's Decision is Illegal for Failure to Provide a Public Hearing at which the True Subject of the Zoning Amendments Could Be Discussed. 125. R.S.Mo. 126. The allegations in paragraphs 1 - 71 above are hereby realleged and incorporated This petition for judicial review is filed pursuant to §§ 536.100 - 536.140,

herein by reference. 127. remedies. 128. The Franklin County Commission acted illegally, arbitrarily, and unreasonably by By reason of the foregoing, plaintiffs have exhausted their administrative

adopting the landfill zoning amendments on October 25,2011 without holding a valid public hearing as required by § 64.875 R.S.Mo. and Article 14, section 321 of the Unified Land Use Regulations of Franklin County. 129. The decision of the Franklin County Commission to adopt the landfill zoning

amendments on October 25,2011 without holding a valid public hearing as required by § 64.875 R.S.Mo. and Article 14, section 321 of the Unified Land Use Regulations of Franklin County was arbitrary, capricious, and unreasonable, an abuse of discretion, and unsupported by competent and substantial evidence upon the whole record. WHEREFORE, Plaintiffs respectfully request that this Court: (1) Enter an order directing defendant County Commission of Franklin County to certify the record for filing within thirty days, in accordance with § 536.130; (2) Enter an order reversing the decision of defendant County Commission of Franklin County to adopt the landfill zoning amendments; and Grant such further relief as the Court deems just and proper.

27

Count VI - In the alternative, Petition for Review of a Contested Case Pursuant to §§ 536.100 to 536.140, R.S.Mo. The County Commission's Decision is Illegal Because It Does Not Promote the Health, Safety, and General Welfare of Franklin County. 130. R.S.Mo. 131. The allegations in paragraphs 1 - 93 above are hereby realleged and incorporated This petition for judicial review is tiled pursuant to §§ 536.1 00 - 536.140,

herein by reference. 132. remedies. 133. The decision of the Franklin County Commission to adopt the landfill zoning By reason of the foregoing, plaintiffs have exhausted their administrative

amendments on October 25,2011 was arbitrary, capricious, and unreasonable, an abuse of discretion, and unsupported by competent and substantial evidence upon the whole record because the amendments do not promote the health, safety, and welfare of Franklin County, do not conserve and protect property values of Franklin County, and are inconsistent with the Master Plan. 134. The decision of the County Commission is not fairly debatable because the

construction and operation of a coal ash landfill in the Missouri River floodplain and floodway will not promote the health, safety, or general welfare of Franklin County or conserve and protect property values. 135. The decision of the County Commission to amend the Land Use Regulations is

illegal and unreasonable and should be reversed. WHEREFORE, Plaintiffs respectfully request that this Court: 1. Enter an order directing defendant County Commission of Franklin County to certify the administrative record for filing within thirty days, in accordance with § 536.130;

28

2.

an

as the Respectfully submitted,

Maxine I. Lipeles Mo. Bar Interdisciplinary Environmental Clinic Washington University School of Law One Brookings Drive CB 1120 St. Louis, MO 63130 314-935-5837 (phone); 314-935-5171 (fax) mili ele(~wulaw. ,\IUS ..ed

Fr o. Bar 27840 S ah Tupper Mo. Bar 60695 The Carlson Law Firm 17 South Oak Street, P.O. Box 521 Union, MO 63084 636-583-8300 (phone); 636-583-2523 (fax) fcarlson@usmo.com; srhtupper@gmail.com Attorneys for Relators-Plaintiffs

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My Commission Expires:

Notary hblk· Notary Sal State of MissOuri· 'rlIIlklill CoDa., COJIIIIIisIioIl II

DEBOIWI K. WREN

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STATE OF MISSOURI COUNlY OF FRANKLIN

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Nancy Cempbell, of lawful age, being duly sworn upon her oath, states that she is one of the Relators herein, and that the filets stated herein are true according to her best knowledge, information and belief.

Notary Public

STATE OF MISSOURI COUNTY OF FRANKLIN

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Edwin Jr., of lawful being duly sworn upon his oath, states that he is one of the Relators herein, and that the facts stated herein are true according to his best knowledge, information and belief.

Subscribed and sworn before me this

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STA TE OF MISSOURI COUNTY OF FRANKLIN

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Euline Elzemeyer, of lawful being duly sworn upon her oath, states that she is one of the Relators herein, and that the facts stated herein are true according to her best knowledge, information and belief.

EUli~~ Subscribed and sworn before me this

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Notary Public My Commission Expires:

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STATE OF MISSOURI COUNTY OF FRANKLIN

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)

Richard Stettes, lawful age, being duly sworn upon his oath, states that he is one of the Relators herein, and that the facts stated herein are true according to his best knowledge, information and belief.

RicllafdStettes Subscribed and sworn before me this~OtVday of ~OY~ll\ber Notary Public My Commission Expires: 2011.

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STATE OF MISSOURI COUNTY OF FRANKLIN

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Loraine Stettes, of lawful age, being duly sworn upon her oath, states that she is one of the Relators herein, and that the facts stated herein are true according to her best knowledge, information and belief.

Loraine Stettes Subscribed and sworn before me this dOWday of

t\JoveiV\bt'r

2011.

Notary Public My Commission Expires:

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S DEBORAH K. WREN Nota'Y hblk. Notary Seal u Frauldin County tate ~ ~Ission # 08545206 ComllUSsion Expires 91&'2012

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STATE OF MISSOURI COUNTY OF FRANKLIN

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Kara Carter, oflawful age, being duly sworn upon her oath, states that she is one of the Relators herein, and that the facts stated herein are true accordig to her best knowledge, information and belief , \~ ~

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Kara Carter Subscribed and sworn before me this ~O

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201 L

DEBORAH K. WREN

STATE OF MISSOURI COUNTY OF FRANKLIN

)
) 5S

)

Jennifer Carter Norris, of lawful being duly sworn upon her oath, states that she is one of the Relators herein, and that the facts stated herein are true according to her best knowledge, information and belief.

Subscribed and sworn before me this

'dD

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day of

Notary Public My Commission Expires:

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DEBORAH K. WREN Notary Publk· Notary Seal State of Milsouri • Fl'8llklill COtlJQJ Cmpmjssjoa 1# 08545106 CotumisIioII Expires 9/81ZOJ2

Wov~rt.b1:'(,

2011.

STATE OF MISSOURI COUNTY OF FRANKLIN

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Katherine Carter Thomas, of lawful age, being duly sworn upon her oath, states that she is one of the Relators herein, and that the facts stated herein are true according to her best knowledge, information and belief.

Subscribed and sworn before me this

·dDw day of NovetO
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~Public My Commission Expires:

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DEBORAH K. WREN Notary Public- Notary Seal State of MissoUri - FraokiiD COUDCy Commissloa # 08545206 Commissioa Expires 91&'2012

STATE OF MISSOURI COUNTY OF FRANKLIN

)
) 55

)

Susan Yarbrough, of lawful age, being duly sworn upon her oath, states that she is one of the Relators herein, and that the facts stated herein are true according to her best knowledge, information and belief.

of~~ll. Notary Public My Commission Expires:

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)

John Yarbrough, of lawful being duly sworn upon his oath, states that he is one of the Relators herein, and that the facts stated herein are true according to his best knowledge, information and belief.

Subscribed and sworn before me this

A\~ day of NIbf~
Notary ~~

2011.

SJwJer1b

My Commission Expires:

ANNE L. SCHROEDER ----tdNo"'ta"'"'ryrr-o;Pu""b=hc - Notary Seal STATE OF M'S~OUAI- SI. Charles County CommIssIon #09404909 My commission expires June 22, 2013

STATE OF MISSOURI COUNTY OF FRANKLIN

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) 55

)

Patricia Schuba, of lawful age, being duly sworn upon her oath, states that Labadie Environmental Organization, Inc. is one of the Relators herein, and that the facts stated herein are true according to her best knowledge, information and belief.

Labadie Environmental Organization, Inc. Subscribed and sworn before me this J..L..:.:;:__day fNovel1\ber o
~o

2011.

Notary Public

b~ k'111v±-=

My Commission Expires:

DEBORAH K. WREN Notary Publlc- Notary Sea. SUtt o(Missouri - Franklin County CGIIIJDIssioa if 08545206 COIIUIIiisioe Expim 4)18/2012

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