The DNR has asked a judge to dismiss Nixon from the lawsuit. Nixon sued the department to keep the state from giving up control of the Katy Trail Bridge.

Kurt Schaefer, deputy director of the DNR, says by bringing the suit Nixon is essentially suing a client he also advises.

"It appears to the department that at some point he (Nixon) may have taken and gathered information and essentially used it against the department to file the lawsuit. Under various rules of ethical conduct for Missouri attorneys that would prohibit the Attorney General from bringing the case."

The DNR also wants the case moved from Cooper County to Cole County. The judge in the case says he will rule on that motion July 22. © Copyright 2012, KBIA