A recent appellate ruling that Des Moines businessman Gary Petersen has no conflict of interest while serving on that city's council will be taken to the state Supreme Court.

Last month, the state Court of Appeals affirmed its prior ruling that Petersen is not in violation of state conflict of interest laws governing elected officials. Petersen's business - Pete's Towing - provides vehicle impound and towing services for the city when dispatched by Des Moines police.

But Allan Furney, who, through Citizens for Des Moines Inc., filed a suit against Petersen shortly after he took office in 2002, told the Times/News, "I am disappointed in the ruling."

Furney said, "The Court of Appeals opinion is in direct conflict with the trial court decision," which was issued by King County Superior Court Judge Laura Gene Middaugh in 2003.

Middaugh noted then that the law provided no guidelines for her ruling and encouraged Petersen to appeal.

"Unless challenged, the Court of Appeals opinion will remain in conflict with other decisions issued by the Washington State Supreme Court in similar conflict of interest cases," Furney added.

"Therefore a Petition for Review is being prepared to move the case to the Washington State Supreme Court."