Lee's Summit Tribune

Downtown Lee's Summit
R-7 School News
Lake Lotawana, MO
Women in Business
Contact Us
Scouting News
VFW News
Lee's Summit City Updates
Council Minutes
Charter Review 2016-17
Police Blotter

Welcome to the new home of Lee's Summit Tribune. We are dedicated to providing you the most current and accurate news and events in Lee's Summit
Home » News » Back To Court For City Of Lee’s Summit

Back To Court For City Of Lee’s Summit

April 13, 2013

Richard W. McMillin and his wife Paula A McMillin who live at 3699 SW Pryor Road, Lee’s Summit have filed suit against the City of Lee’s 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 public’s interest."

The Petition’s 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 City’s 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.

Bookmark and Share

Leave a reply

*Your name:
*Your email: (email won't be published)
Your website: (optional)

Other Recent Articles from the News Category:


Page Views: 1,428
Persons of interest identified in Lees Summit triple shooting
Page Views: 1,373
KC Man Indicted for Eight Armed Robberies in Lee’s Summit and the Metro Area
Page Views: 1,208
Ronald Earl Dodson
Page Views: 740
Kander Announces Initiative Petition Amending Chapters 290 and 67 of the Revised Statutes of Missouri is Open for Public Comment
Page Views: 718
Independence Man Arrested For Promoting Child Pornography
City of Lee's Summit
LS Economic Dev Council
LS Tourism
LS Chamber
LS Parks & Rec

LS R-7

Summit Christian Academy

St Michael the Archangel
 Lee’s Summit “Hobbits” Go Jet-Boating
Lee’s Summit “Hobbits” Go Jet-Boating
Home  | 
Copyright © 2009-2017 Lee's Summit Tribune