Greentop Fire Association Petition

IN THE SECOND JUDICIAL CIRCUIT COURT OF MISSOURI,
THE CIRCUIT COURT OF ADAIR COUNTY

GREENTOP VOLUNTEER FIRE
ASSOCIATION,
And
JEREMY CRAWFORD, President of
Greentop Fire Association Board,
And
CURTIS HICKS, Vice-President of
And
DAWN BRYN, Secretary of
And
JAMIE HICKS, Treasurer of Greentop
Fire Association Board,
And
SARAH CRAWFORD, Member of Greentop
And
JOSHUA CARVITTO, Member of Greentop
And
JEFF BYRN, Member of Greentop
And
REGINALD NEWMAN, Member of Greentop
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Cause No.:
Division No.:
Electronically Filed - Adair - September 01, 2016 - 04:35 PM
16AR-CV00719
BRUCE MOLLICK, Member of Greentop

And
MARTHA WOODS, Member of Greentop
And
KEVIN PHELPS, Fire Chief of Greentop
Fire Association,
Plaintiffs,
vs.
STAN PICKENS, personally and as a
County Commissioner,
Serve:
106 W. Washington St.

Kirksville, MO 63501
And
CARSON ADAMS, personally and as a
Serve:

And
MARK THOMPSON, personally and as a
Serve:

And
SANDY COLLOP, personally and as a
County Clerk,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
And

Defendants.
)
)
)
)
PETITION FOR ENFORCEMENT OF MISSOURI SUNSHINE LAW AND

DECLARATORY JUDGMENT
COME NOW, Plaintiffs GREENTOP VOLUNTEER FIRE ASSOCIATION and
JEREMY CRAWFORD, President of Greentop Fire Association Board, CURTIS HICKS,
Vice-President of Greentop Fire Association Board, DAWN BRYN, Secretary of
Greentop Fire Association Board, JAMIE
HICKS, Treasurer
of Greentop Fire
Association Board, SARAH CRAWFORD, Member of Greentop Fire Association

Board, JOSHUA CARVITTO, Member of Greentop Fire Association Board, JEFF
BYRN, Member of Greentop Fire Association Board, REGINALD
NEWMAN, Member
of Greentop Fire Association Board, BRUCE MOLLICK, Member of Greentop Fire

Association Board,
MARTHA WOODS, Member of Greentop Fire Association Board,
and KEVIN PHELPS, Fire Chief of Greentop Fire Association(Collectively known herein
after as GREENTOP) by and through their counsel, and for Plaintiffs Petition for
Enforcement of the Missouri Sunshine Law and for Statutory Damages and Declaratory
Judgment
against Defendants, STAN PICKENS, Presiding Commissioner for Adair
County Commission, CARSON ADAMS, First District Commissioner for Adair County
Commission, MARK THOMPSON, Second District Commissioner for the Adair County
Commission (Collectively known herein as COUNTY COMMISSION) and SANDY
COLLOP, County Clerk for Adair County state as follows:
Serve:
1. This lawsuit is being filed after the Adair County Commissioners and the Adair
County Clerk acted to change the boundaries of the Greentop Fire Association, and
attempted to hide their actions.
PARTIES
2. Plaintiff GREENTOP VOLUNTEER FIRE ASSOCIATION is registered with the
Office of the State Fire Marshal and JEREMY CRAWFORD, CURTIS HICKS,
DAWN BRYN, JAMIE HICKS, SARAH CRAWFORD, JOSHUA CARVITTO, JEFF
BYRN, REGINALD NEWMAN, BRUCE MOLLICK, and MARTHA WOODS are
members of the board for the GREENTOP VOLUNTEER FIRE ASSOCIATION.
3. Plaintiff KEVIN PHELPS is the Fire Chief for GREENTOP VOLUNTEER FIRE
ASSOCAITON.
4. Defendant, Presiding Commissioner, STAN PICKENS is a resident of Adair County
and acts on behalf of the Adair County Commission with its principal place of
business located in Adair County at 106 W. Washington St. Kirksville, MO 63501.
5. Defendant, First District Commissioner, CARSON ADAMS is a resident of Adair
County and acts on behalf of the Adair County Commission with its principal place of
6. Defendant, Second District Commissioner, MARK THOMPSON is a resident of Adair
County and acts on behalf of the Adair County Commission with its principal place of
INTRODUCTION
and acts as the Countys Custodian of Records with its principal place of business
located in Adair County at 106 W. Washington St. Kirksville, MO 63501.
8. That said Defendants, and each of them, are jointly and severally liable for Plaintiffs
damages as each Defendant was acting as the principal and/or agent of the other
Defendants herein.
JURISDICTION and VENUE
9. This Court has subject matter jurisdiction over Counts I II III, IV and V of this Petition
under Sections 610.027.1 (the Missouri Sunshine Law). Venue for said actions is in
Adair County, Missouri, under Section 508.060, RSMo.
10. This Court has subject matter jurisdiction over Count VI of this Petition under
Sections 527.010 to 527.130, RSMo (the Declaratory Judgment Act) and Missouri
Supreme Court Rule 87 (relating to actions for declaratory judgments). Venue for
said actions is in Adair County, Missouri, under Section 508.060, RSMo.
COUNT I
SUNSHINE VIOLATION BY THE ADAIR COUNTY CLERK, SANDY COLLOP
(RSMO 610.023.2 Failure to disclose Plat Map)
COME NOW Plaintiffs, by and through their attorney, and for Count I of their Petition
against SANDY COLLOP, Adair County Clerk, state:
11. Plaintiffs, re-allege, re-state and incorporate by reference all of the allegations stated
in paragraphs 1 through 9 as if such were fully set forth herein.
12. Defendant, Adair County Clerk, SANDY COLLOP, as the Custodian of Records for
ADAIR COUNTY and the ADAIR COUNTY COMMISSION breached or otherwise
7. Defendant, Adair County Clerk, SANDY COLLOP, is a resident of the Adair County
610.023.2 RSMo (2011), et seq.

13. On or about May 25, 2016, SANDY COLLOP received a request for Any records in
any Plat Book relating to fire association boundaries within Adair County.
14. On or about June 9, 2016 SANDY COLLOPS attorney sent a response stating Item
4No records. Plat book is not a county document.
15. The 2014 Plat Book is in the possession of the Adair County, as it was referenced in
the document signed by STAN PICKENS, CARSON ADAMS, MARK THOMPSON
on March 25, 2014.
16. The document signed by STAN PICKENS, CARSON ADAMS, MARK THOMPSON
states in part,
fire districts are accurate and plainly outlined in the Adair County
Missouri 2014 Plat Book, page 8.
17. SANDY COLLOP wrongfully denied access to 2014 plat book, a public record, in
violation of Sec. 610.023.2 RSMo (2011).
18. SANDY COLLOP knowingly and purposely violated the Missouri Sunshine Law.
19. Plaintiffs have incurred (or will incur) attorney's fees to enforce their right to access
to public records under the Missouri Sunshine Law, Sec. 610.023.4 RSMo (2011), et
seq.
20. In addition to attorney's fees, Plaintiffs request the imposition of statutory civil
penalties against Defendant, Adair County Clerk, SANDY COLLOP, personally and
as Adair County Clerk as follows:
a. $1,000.00 for each knowing violation of the Missouri Sunshine Law, Sec.
610.023.2 RSMo (2011), et seq., and/or
failed to perform their statutory obligations under the Missouri Sunshine Law, Sec.
610.023.2 RSMo (2011), et seq.

WHEREFORE, Plaintiffs pray the Court to enter judgment:
a. in favor of Plaintiffs and against Defendant, Adair County Clerk, SANDY
COLLOP and
b. for an Plaintiffs attorney's fees and costs incurred herein
and for such other and further relief as the Court may deem proper.
COUNTII
(RSMO 610.023.2 Failure to disclose records)
COME NOW Plaintiffs, by and through their attorney, and for Count II of their
Petition against SANDY COLLOP, Adair County Clerk, state:
21. Plaintiffs, re-allege, re-state and incorporate by reference all of the allegations stated
failed to perform their statutory obligations under the Missouri Sunshine Law, Sec.
610.023.2 RSMo (2011), et seq.
23. On or about May 25, 2016, SANDY COLLOP received a request for:
all records related to Greentop Fire Association since July 2013; all
records relating to any changing of boundaries of any Volunteer Fire
Association since July 2013; Minutes and agendas from all meetings
concerning Adair County fire associations since July 2013; Minutes,
notices, and agendas of all meetings held on January, 06, 2016; Minutes
and agendas of all meetings attended by any of the following since July
2013: Silas Springer, Brad Ray, Chris Drennan, and Van Sickel.
24. On or about June 9, 2016 SANDY COLLOPS attorney sent a response stating:
b. $5,000.00 for each purposeful violation of the Missouri Sunshine Law, Sec.
25. SANDY COLLOP wrongfully denied access to all records related to Greentop Fire
Association since July 2013, a public record, in violation of Sec. 610.023.2 RSMo
(2011).
26. SANDY COLLOP wrongfully denied access to all records relating to any changing of
boundaries of any Volunteer Fire Association since July 2013, a public record, in
27. SANDY COLLOP wrongfully denied access to Minutes and agendas from all
meetings concerning Adair County fire associations since July 2013, a public record,
in violation of Sec. 610.023.2 RSMo (2011).
28. SANDY COLLOP wrongfully denied access to Minutes, notices, and agendas of all
meetings held on January, 06, 2016, a public record, in violation of Sec. 610.023.2
RSMo (2011).
29. SANDY COLLOP wrongfully denied access to Minutes and agendas of all meetings
attended by any of the following since July 2013: Silas Springer, Brad Ray, Chris
Drennan, and Van Sickel, a public record, in violation of Sec. 610.023.2 RSMo
(2011).
1. Item 1No records except minutes already provided to your client

Kevin Phelps.
2. Item 2No records unless included in minutes already provided to your
client.
5. Item 5Minutes already provided to your client.
9. Item 9Minutes already provided to your client.
14. Item 14No Records unless included in minutes already provided to
your client. Persons identified as Springer, Drennan and Sickel and
unknown
seq.
penalties against Defendant, Adair County Clerk, SANDY COLLOP, personally and
as Adair County Clerk as follows:
610.023.2 RSMo (2011), et seq., and/or
610.023.2 RSMo (2011), et seq.
COLLOP and
b. for an Plaintiffs attorney's fees and costs incurred herein
COUNT III
(RSMo 610.023.4 Failure to provide Statutory Authority for denying access to record)
COME NOW Plaintiffs by and through their attorney, and for Count III of their
Petition against SANDY COLLOP, Adair County Clerk, state:
33. Plaintiffs re-allege, re-state and incorporate by reference all of the allegations stated
31. Plaintiffs have incurred (or will incur) attorney's fees to enforce their right to access
610.023.4 RSMo (2011), et seq.

35. On or about May 25, 2016, SANDY COLLOP received a request for Any records in
any Plat Book relating to fire association boundaries within Adair County.
36. On or about June 9, 2016 SANDY COLLOPS attorney sent a response stating Item
4No records. Plat book is not a county document.
37. SANDY COLLOP failed to cite the specific provision of law under which access was
denied to the Plat Book as required by RSMO 610.023.4.
39. Plaintiffs have incurred (or will incur) attorney's fees to enforce thier right to access
seq.
penalties against Defendant, Adair County Clerk, SANDY COLLOP, individually and
as County Clerk as follows:
610.023.4 RSMo (2011), et seq., and/or
610.023.4 RSMo (2011), et seq.
COLLOP and
b. for an Plaintiffs attorney's fees and costs incurred herein,
failed to perform her statutory obligations under the Missouri Sunshine Law, Sec.
COUNT IV
SUNSHINE VIOLATIONS BY THE ADIAR COUNTY COMMISSION
(March 24, 2014 -Failure to post agenda RSMo 610.020.1)
COME NOW Plaintiffs, by and through their attorney, and for Count IV of their
Petition against the STAN PICKENS, CARSON ADAMS, and MARK THOMPSON,
state:
42. Defendants,
STAN
PICKENS,
CARSON
ADAMS,
and
MARK
THOMPSON
breached or otherwise failed to perform their statutory obligations under the Missouri
Sunshine Law, Sec. 610.020.1 RSMo (2011), et seq.
43. Defendants, STAN PICKENS, CARSON ADAMS, and MARK THOMPSON violated
Sec. 610.020.1 RSMo (2011) by failing on March 24, 2014 or before to give notice of
the time, date and place of the meeting and the tentative agenda of the Meeting held
on March 25, 2014.
44. Defendants,
STAN
PICKENS,
CARSON
ADAMS,
and
MARK
THOMPSON
conducted a meeting in which public business was discussed and/or decided on

March 25, 2014. (See Exhibit A).
45. Defendants purposefully and knowingly violated of the Sunshine Law.
46. Plaintiffs have incurred (or will incur) attorney's fees to enforce its right to access to
public records under the Missouri Sunshine Law, Sec. 610.023.4 RSMo (2011), et
seq.
penalties against Defendant, STAN PICKENS, individually and as a County

Commissioner, as follows:
610.020.1RSMo (2011), et seq., and/or
610.020.1RSMo (2011), et seq.
penalties against Defendant, CARSON ADAMS,
individually and as a County
610.020.1RSMo (2011), et seq., and/or
610.020.1RSMo (2011), et seq.
penalties against Defendant, MARK THOMPSON,
individually and as a County
610.020.1RSMo (2011), et seq., and/or
610.020.1RSMo (2011), et seq.
request that the Court void the action taken by the COUNTY COMMISSION on
March 25, 2014, restoring the fire district lines to their previous state.
WHEREFORE, Plaintiffs pray the Court to enter judgment
a. in favor of Plaintiffs and against Defendants STAN PICKENS, CARSON
ADAMS, and MARK THOMPSON and
b. voiding the actions taken by Defendants STAN PICKENS, CARSON
ADAMS and MARK THOMPSON on March 25, 2014 and
c. for Plaintiffs attorney's fees and costs incurred herein and
for such other and further relief as the Court may deem proper.
COUNT V
SUNSHINE VIOLATIONS BY THE ADIAR COUNTY COMMISSION
(March 25, 2014 -Failure to keep minutes Section 610.020.7)
COME NOW Plaintiffs, by and through their attorney, and for Count V of their
Petition against STAN PICKENS, CARSON ADAMS, and MARK THOMPSON, state:
52. Defendants,
STAN
PICKENS,
CARSON
ADAMS,
and
MARK
THOMPSON
breached or otherwise failed to perform their statutory obligations under the Missouri
Sunshine Law, Sec. 610.020.7 RSMo (2011), et seq..
53. Defendants, STAN PICKENS, CARSON ADAMS, and MARK THOMPSON failed on
March 25, 2014 to take or retain minutes of the meeting held on March 25, 2014 in
50. In addition to the statutory penalties to the Defendants and attorneys fees, Plaintiffs
STAN
PICKENS,
CARSON
ADAMS,
and
MARK
THOMPSON
conducted a meeting in which public business was discussed and/or decided on

March 25, 2014.
55. Defendants purposefully and knowingly hid their violation of the Sunshine Law.
seq.
penalties
against
Defendant,
STAN
PICKENS,
individually and as
County
610.020.7 RSMo (2011), et seq., and/or
610.020.7 RSMo (2011), et seq.
58. In addition to attorney's fees and penalties, Plaintiffs request the imposition of
statutory civil penalties against Defendant, CARSON ADAMS, individually and as
County Commissioner, as follows:
610.020.7 RSMo (2011), et seq., and/or
610.020.7 RSMo (2011), et seq.
54. Defendants,
penalties against Defendant, MARK THOMPSON, individually and as County

a. $1,000.00 for each knowing violations= of the Missouri Sunshine Law, Sec.
610.020.7 RSMo (2011), et seq., and/or
610.020.7 RSMo (2011), et seq.
seq.
61. In addition to the statutory penalties to the Defendants, and attorneys fees Plaintiffs
request that the Court void the action taken by STAN PICKENS, CARSON ADAMS
and MARK THOMPSON on March 25, 2014.
ADAMS, and MARK THOMPSON assessing penalties under RSMo 610
and
b. voiding the actions taken by Defendants STAN PICKENS, CARSON
ADAMS and MARK THOMPSON on March 25, 2014; and
c. for Plaintiffs attorney's fees and costs incurred herein
COME NOW Plaintiffs, by and through their attorney, and for Count VI of their
Petition against SANDY COLLOP and STAN PICKENS, CARSON ADAMS and MARK
THOMPSON, state:
63. STAN PICKENS, CARSON ADAMS, MARK THOMPSON and SANDY COLLOP
purposefully failed to post notice of the meeting conducted on March 25, 2014, to
hide the issuance of the document signed on March 25, 2014 in which the
Commission stated ,
The borders of these fire districts are accurate and plainly outlined in the
Adair County Missouri 2014 Plat Book, page 8. These are the certified
borders the County honors accordingly
purposefully failed to keep minutes of the business conducted on March 25, 2014 to
hide the issuance of the document signed on March 25, 2014 in which the
Commission stated ,
borders the County honors accordingly.
purposefully failed to produce the 2014 Plat Book, in their possession and
previously referenced in the document signed on March 25, 2014 that stated,
COUNT VI
SUNSHINE VIOLATIONS BY THE ADIAR COUNTY COMMISSION & COUNTY
CLERK
(Purposely hiding Sunshine Violations)
66. On December 14, 2014 the COUNTY COMMISSION stated they did not change
the boundaries, when asked about the March 25, 2014 document by GREENTOP
representative at a COUNTY COMMISSION meeting.
67. The Defendants told Geo-Comm not to release the requested maps to Plaintiffs.
seq.
penalties against each Defendant, SANDY COLLOP, STAN PICKENS, CARSON
ADAMS and MARK THOMPSON of $5,000.00 each, for each purposeful violation of
the Missouri Sunshine Law, the SANDY COLLOP,STAN PICKENS, CARSON
ADAMS and MARK THOMPSON took in order to hide actions of STAN PICKENS,
CARSON ADAMS and MARK THOMPSON from Plaintiffs.
70. In addition to the statutory penalties to the Defendants, and attorneys fees Plaintiffs
request that the Court void the action taken by the COUNTY COMMISSION on
March 25, 2014, restoring the fire district lines to their previous state.
ADAMS, MARK THOMPSON and SANDY COLLOP and
b. order that Defendants have no right to certify boundaries of fire protection
associations, and
fire districts are accurate and plainly outlined in the Adair County
Missouri 2014 Plat Book, page 8.
County will honor of fire protection associations, and

d. order that Defendants cannot deny access to County plat books or
records.
e. to void the action of the County Commission on March 25, 2015 and
f. for Plaintiffs attorney's fees and costs incurred herein
COUNT VII
DECLARATORY JUDGEMENT
COME NOW Plaintiffs, by and through their attorney, and for Count VI of their
Petition against Defendants STAN PICKENS, CARSON ADAMS, MARK THOMPSON
and SANDY COLLOP states
in paragraphs 1 to 69 as if such were fully set forth herein.
72. RSMO 320.310.1 provides,
All volunteer fire protection associations as defined in section 230.300
shall identify the associations boundaries
73. RSMO 320.310.3 provides,
only upon approval by a volunteer fire association registered
with the office of the state fire marshal, as required by section 320.271,
shall any other association, organization, group, or political subdivision be
authorized to provide the fire suppression response and related activities
referenced in subsection 2 of this section within the legally defined
boundaries of any municipal fire department, fire protection district, or
volunteer fire association.
74. Defendants STAN PICKENS, CARSON ADAMS, and MARK THOMPSON identified
the boundary lines of Plaintiffs with the statement,
c. order that Defendants have no authority to select the boundaries the
75. Defendants STAN PICKENS, CARSON ADAMS, and MARK THOMPSON lack the
authority to identify the boundary lines of Plaintiffs.
76. Plaintiffs have been prevented from collecting fees from nonmembers.
77. Plaintiffs have been prevented from collecting dues from members.
78. Plaintiffs are unable to engage in long-term planning for Plaintiffs.
79. Plaintiffs are unable to properly account for which residents they may collect dues
from.
WHEREFORE, Plaintiffs pray that this Court enter the following order and judgment and
decree as follows:
a. A declaratory judgment declaring that Adair County Commission has no
authority to identify the boundary lines of GREENTOP VOLUNTEER FIRE
ASSOCIATION as defined in RSMo 320.310.1 and,
b. Defendants have no right to certify boundaries of fire protection associations,
and
c. Defendant has no authority to select the boundaries the County will honor of fire
protection associations, and
d. Defendants cannot deny access to County plat books or records.
e. Defendant, SANDY COLLOP, STAN PICKENS, CARSON ADAMS and MARK
THOMPSON have no authority to decide the amount of times documents may
be requested.
borders the County honors accordingly.
STAN PICKENS, CARSON ADAMS, and MARK THOMPSON and,

g. Attorneys fees, costs herein expended, and
for such other and further relief as this Court deems just and proper in the premises.
THE LAW OFFICE OF STEPHEN A. MARTIN

/s/
Stephanie A. Powell _____
Stephanie A. Powell
#66158
Attorney for Petitioner
330 Jefferson Street
St. Charles, MO 63301
Telephone (636) 949-3730
Facsimile (636) 949-3732
f. An award of damages arising from the unlawful declaration made by Defendants

Greentop Fire Association Petition

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Greentop Fire Association Petition

Uploaded by

Copyright:

Available Formats

IN THE SECOND JUDICIAL CIRCUIT COURT OF MISSOURI,

THE CIRCUIT COURT OF ADAIR COUNTY

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

BRUCE MOLLICK, Member of Greentop

106 W. Washington St.

106 W. Washington St.

106 W. Washington St.

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

106 W. Washington St.

PETITION FOR ENFORCEMENT OF MISSOURI SUNSHINE LAW AND

Association Board, SARAH CRAWFORD, Member of Greentop Fire Association

of Greentop Fire Association Board, BRUCE MOLLICK, Member of Greentop Fire

MARTHA WOODS, Member of Greentop Fire Association Board,

against Defendants, STAN PICKENS, Presiding Commissioner for Adair

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

610.023.2 RSMo (2011), et seq.

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

610.023.2 RSMo (2011), et seq.

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

1. Item 1No records except minutes already provided to your client

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

610.023.4 RSMo (2011), et seq.

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

conducted a meeting in which public business was discussed and/or decided on

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

penalties against Defendant, STAN PICKENS, individually and as a County

individually and as a County

individually and as a County

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

conducted a meeting in which public business was discussed and/or decided on

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

penalties against Defendant, MARK THOMPSON, individually and as County

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

County will honor of fire protection associations, and

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

c. order that Defendants have no authority to select the boundaries the

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

STAN PICKENS, CARSON ADAMS, and MARK THOMPSON and,

THE LAW OFFICE OF STEPHEN A. MARTIN

Electronically Filed - Adair - September 01, 2016 - 04:35 PM

f. An award of damages arising from the unlawful declaration made by Defendants

You might also like