JACKSON, Mo. -- Five planning and zoning opponents accused the Cape Girardeau County Commission on Monday of violating state law by spending tax dollars to develop planning and zoning regulations without voter approval.

The group, led by Whitewater, Mo., area resident Doug Flannery, said state law requires voter approval of planning before any proposed regulations can be developed.

But Presiding County Commissioner Gerald Jones said he believes the County Commission acted properly in appointing a temporary planning commission three and a half years ago and paying the Southeast Missouri Regional Planning and Economic Development Commission in Perryville to help develop proposed regulations.

Jones asked the prosecuting attorney's office to research the matter. He said the commission wants an answer prior to Wednesday's public meeting at Notre Dame High School, where the public will have a chance to talk about the county planning measure on the Nov. 7 ballot.

Prosecuting Attorney Morley Swingle said an assistant prosecutor is researching the issue and could have an answer today.

The proposed planning regulations include a master plan, subdivision and mobile-home-park regulations and zoning requirements.

The commission, which spent more than $20,000 developing a county plan for new development, has said that it intends to implement zoning regulations, too, if voters approve the ballot issue.

Flannery, who is seeking to unseat Larry Bock as 1st District commissioner, said the commission jumped the gun.

"You don't need hot, soapy water until you have dirty dishes," he told the commission.

Flannery cited a state law governing first-class counties like Cape Girardeau. It states that if voters approve planning, the county commission must appoint a planning board to proceed with establishing planning.

"I want it off the ballot. You didn't do it right," said Flannery.

But Jones cited another state statute that allows a county commission to appoint a temporary planning commission and develop proposed planning and zoning regulations prior to an election.

Jones said the County Commission feels it has acted legally but wants to be sure.

"If there is a question, we want it resolved before we vote," he said.

Planning opponent David Allen of Jackson, Mo., said Cape Girardeau County voters won't be voting on a specific plan in November. He said it is wrong for the temporary planning commission appointed by the County Commission to suggest that voter approval would lead to adoption of the proposed planning and zoning regulations.

Jones agreed that a permanent planning commission could propose different regulations than the ones drafted by the temporary commission.

The county has operated without countywide planning since 1992, when voters rejected a proposal to implement zoning and tossed out planning as well. The County Commission appointed a temporary planning commission in December 1996 to propose planning and zoning regulations in preparation for a new election.

The county reached first-class status in 1997. Under state law, the County Commission can implement zoning provided that voters first authorize county planning.

If voters approve the ballot issue, the County Commission has said it would appoint an eight-member permanent planning commission. The planning commission would recommend planning and zoning regulations to the County Commission, which would have the final authority.