Sweeney Rebuked by MO Appeals Court

4 Jan

Robert Sweeney, who serves as attorney for multiple local government entities, including the cities of Arnold and Byrnes Mill, and who appears frequently in these pages, has once again achieved that combination of malfeasance and incompetence that he is known for. This time, his client was the Northeast Public Sewer District (NEPSD) of Jefferson County. In this case, the Appeals Court for the Eastern District of Missouri slammed Sweeney for filing a “frivolous appeal” and awarded legal costs to his opponent as a punishment.

Case Background

  • NEPSD took an easement on the property of one William Feucht of Fenton by condemnation and paid him $570 (Sweeney has experience with land taking – Arnold used eminent domain against a number of people and businesses to help a private developer build Arnold Commons. This led to long legal proceedings and surely big legal bills).
  • Feucht sued and won a jury trial that awarded him $11,500 for the property.
  • Sweeney appealed the verdict on the sole grounds that Feucht’s service in the Marines, which was mentioned during the trial, was irrelevant and prejudiced the jury.

The Decision

Now here is where the incompetence comes in. In order to appeal on certain grounds, you have to present that argument in the original case. If you don’t object to something at the time, you can’t complain about it later.

The reason Feucht’s service came up was that he was an accountant in the Marine Corps. He claimed at trial that this was part of his qualifications for being able to to state that his land was worth more than NEPSD gave him credit for.

Before evidence was presented at the trial, Sweeney made vague statements like (paraphrasing) “I may object to one or two slides” and “I don’t know what relevance this Marine thing is.” But when Feucht testified on his qualifications, and when he entered his Marine meritorious promotion certificate into evidence, Sweeney did not object. He also never motioned for a new trial. So he lost any right to appeal based on this issue.

And here we turn to the malfeasance. The court states that, even if Sweeney was able to appeal the mention of military service, he would have lost on the merits. The Sweeney Law Firm, actually represented by Bob’s daughter Allison on the appeal, claimed the discussion of Feucht’s military service was “extensive.” The court rejected this claim, pointing out that only a few lines of testimony on the subject were offered. And the court stated that being an accountant was highly relevant and central to Feucht’s ability to claim that he knew what his land was worth.

Penalty

Because of the blatant frivolity of this appeal, the court took the drastic step of forcing Sweeney to pay Feucht’s legal expenses (and he can’t get NEPSD to pay the money for him). But since Feucht was representing himself in front of the appeals court, and thus had few costs, he only got $350. Note: Sweeney lost to a guy representing himself! (Feucht did have an attorney for the original trial and early on in the appeals process.)

Here are some excerpts from the unanimous opinion of the three-judge panel hearing the case (link to the full opinion here):

 

sweeney-sewer1

And this:

sweeney-sewer2

Devoid of merit…failed to take basic steps…bad faith…careless attitude…no prospect of success…lack of professional effort.

These are damning words.

I have long theorized that Sweeney files meritless cases for two reasons: 1) he knows most people can’t afford to fight him in court, and 2) to inflate his legal bills. Both reasons appear to apply here, though the first did not work out for Sweeney. In addition to the $350 levied by the court, NEPSD should demand that Sweeney pay back his legal fees for this appeal.

With Sweeney’s history of failure (see links below), local government entities need to ask themselves why they continue to employ the Sweeney Law Firm, or in the case of Arnold, give him a big raise. It is clearly not in the best interest of these entities or the taxpayers to pay money to a lawyer that continues to litigate and lose weak cases.

Here is a list of Sweeney clients:

  • Arnold
  • Byrnes Mill
  • North Jefferson Ambulance
  • Public Water Supply District No. 13 (Lake Tishomingo)
  • Northeast Public Sewer District
  • City of Iberia, Missouri
  • Jefferson County 911 Dispatch
  • Washington County 911 Dispatch
  • Big River Ambulance District
  • Bismarck Fire Protection Association
  • Saline Valley Fire Protection District
  • Potosi Fire Protection District
  • DeSoto Rural Fire Protection District
  • Glaize Creek Public Sewer District

Sweeney Lowlights

Here are some Sweeney greatest hits:

  • His poor ballot language forced a tax revote
  • He kicked a candidate off the ballot and lost the resulting lawsuit, so new ballots had to be printed
  • He advised Arnold to deny a councilwoman’s request to see a city hall visitor log. The state attorney general intervened with a hard rebuke and threatened a lawsuit against the city.
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