IN THE CIRCUIT COURT FOR THE CITY OF ST. LOUIS

STATE OF MISSOURI
STATE OF MISSOURI, EX REL. 
KIEL CENTER PARTNERS, L.P., et al., 


Reiators, Cause No: 1722-CC1 1018

V. Division No: 31.
.
DARLENE GREEN, 


Respondent. 

RESPONDENT DARLENE MOTION PURSUANT TO RULE 75.01 TO
MODIFY THIS NOVEMBER 27, 2017 ORDER AND JUDGMENT IN I
MANDAMUS
COMES NOW Respondent Darlene Green and moves that this Court enter an Order
modifying its November 27, 2017 Order And Judgment In Mandamus (?Judgment?) and in
support thereof states:
.1. This Court ruled in its Judgment that Kirby v. Nolte, 349 Mo. 1015, 164 SW. 2d
1 (Mo. 1942) held that the City of St. Louis Comptroller may challenge proposed contracts only
for ?illegality?. Id, p. 11. i
2. Contrary to this Court?s Judgment, the Missouri Supreme Court actually ruled in
 that ?the Comptroller may challenge contracts [that are made] arbitrarily or in abuse of
discretion?, id., p. 15, and she has ?broad powers, in the exercise of which [s]he is vested with a
second discretion Id.

3. This Court manifestly failed to appreciate in its Judgment the existence of

Respondent?s broad discretionary powers and responsibilities in the area of City of St. Louis

contracting that Respondent believes would impair the City?s credit. Accordingly, this Court?s.

Judgment is fatally infected with legal error, and it should modify the Judgment accordingly.
WHEREFOVRE, Respondent Darlene Green requests that this Court modify its Judgment

such that it would provide that it denies Relator Kiel Center Partners, motion for summary

judgment and that this Court provide her with such other relief as is just.

 

BICK KISTNER, P.C.

Elkin L. Kistner
Elkin L. Kistner #35287
Sean M. Elam. #561 12
Joseph H. Neill #69250

101 South Hartley Road, Suite 1280

St. Louis, Missouri 63105

Telephone: (314) 571-6823

Facsimile: (314) 727?9071

E?mail: elkinkis@bick?kistaercom

E?mail: smelam@bickwkistnercom

E?mail: 
Attorneys for Respondent Darlene Green

CERTIFICATE OF SERVICE

I hereby certify that a copy of this document was served this day of December, 2017,
to the following attorneys of record via the Court?s electronic filing system to:

oAnn T. Sandifer

Denyse L. Jones

Attorneys for Relate." Kiel Center Pam-2.8m

Michael Garvin

aarvinm @stlouismmoaov

Erin McGowan

mcgowane stlouis?mo. gov

Attorneys for litters/tenor Relatm? ity ofSt. Louis

 

Elkin L. Kistner