The court found the mesothelioma law was not a retrospective law merely because it “related to prior facts or transactions” and the family’s claim was valid.

Peter Joy, a Washington University law professor, said it was not clear how that pertained to the Proposition Z issue.

“Assuming there isn’t any clear expression of the legislative intent,” Joy said, “this could go either way in the courts.”

Derek Rose, an attorney with Bryan Cave who specializes in federal and state tax controversy matters, said it wasn’t clear to him either.

“I suspect that both sides are taking their positions because it’s not well- defined,” he said. “Legally, we have a question that is not clear.”

Council Chairman Sam Page, who voted in favor of putting the question on the ballot, sharply criticized Krane on Wednesday for failing to foresee such problems.

The council has complained for two years that Krane, who reports to Stenger, does not adequately represent the council. St. Louis County voters rejected in August a charter amendment that would have allowed the council to hire its own lawyers.