Thu, Nov 26 2009
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The Jacksons allege that the zoning board was wrong to disregard petitions of protest that were presented at a Dec. 10 meeting on the issue. Neither the zoning board nor the council accepted the petitions. The city staff at the time said the petitions were not properly signed or notarized as required by zoning regulations. The Jacksons’ lawyers contend in the lawsuit that the zoning regulations “do not require any particular form for protest petitions.” The lawsuit also alleges that the zoning board did not give the required 15-day notice of the Dec. 10 hearing, and that the board did not make written findings to pass on to the council as part of the basis for making a decision. No claims are made in the lawsuit that crematories pollute or cause odors, as the Jacksons had contended at the meetings and in advertisements they purchased for their cause. One of the council members involved in the decision, Bob Harrington, came under fire at Monday night’s council meeting when council members debated whether he should be reprimanded for having allowed Ryan Jackson to collect voter signatures for Harrington’s re-election filing during the time that the crematory issue was pending with the city panels. The council voted 6-2 on a motion to reprimand Harrington, but the question failed because it required seven affirmative votes to pass. When the council approved the crematory request on Jan. 7, Harrington was one of two members voting against the permit. Ryan Jackson lost an election bid to serve on the council in 2006. Court action The Jackson lawsuit will be heard by Circuit Judge David Dally in Jasper County Circuit Court. No hearing date has been set. 
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Family sues city over crematory OK w/ copy of G.W. and Ryan Jackson v. City of Joplin 
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