Richard W. McMillin and his wife Paula A McMillin who live at 3699 SW Pryor Road, Leeís Summit have filed suit against the City of Leeís Summit and Mitchell, Kristl & Lieber on April 5, 2013, claiming to be adversely affected by the decision of the City in approving and passing land use and zoning changes related to the Walmart development project at M150 and 291 Hwy.
According to the petition, the plaintiffs "will experience problems of usability on their property and a decline in property values, all of which will materially injure their safety, property values and welfare; and their interests are affected adversely more distinctly and directly than the general publicís interest."
The Petitionís General Allegations state that in the February 7, 2013 City Council meeting discussion City on the Walmart Re-Zoning, the council conducted a vote on an ordinance rezoning application to approve the Walmart Re-Zoning. During the vote the proposed ordinance failed to receive a majority of votes from the governing body of the City necessary for passage of the Walmart Re-Zoning ordinance.
On March 7, 2013, the City violated the UDO by voting on the previously final denial of the Walmart Re-Zoning. Since the Cityís approval of the Walmart Re-Zoning was based upon the invalid assumption that the matter had not been finally denied, the March 7, 2013 approval by the City Council is void.
To the extent that the City (including its planning and development director) was to make a determination that the final decision denying the Walmart Re-Zoning could be considered without the zoning process being initiated again by MKL, such determination was factually wrong, arbitrary, capricious and constituted an abuse of discretion.
The plaintiffs are asking the approval of the Walmart Re-zoning be declared null, void and unlawful.
According to the court document a Case Management Conference is scheduled on August 5, 2013 with Judge Michael W. Manners.