By Mallory Ragon
Judge Kenneth Garrett, 16th circuit court of Jackson County, ruled in favor of the city of Lee’s Summit in the rezoning matter near Missouri Highway 291 South and Missouri Route 150. The rezoning of the land from agricultural and planned neighborhood commercial to community commercial was approved by the city council in March 2013. The motion was part of a planned Walmart development to be located at 3410 SW Market Street.
Garrett’s April ruling noted that Richard and Paula McMillin failed to establish that their property’s proximity to the 25 acres of rezoned land would "impair their enjoyment of their property." Citing a determination by the Missouri Court of Appeals that 1.2 miles constitutes a "great separation," Garrett noted that the McMillins’ property—located 2.1 miles from the proposed Walmart Supercenter site—is not close enough for the claim to have merit.
The Walmart project has been a controversial one. During consideration by the city council last spring, many expressed concerns about the impact on traffic in the area, possible increases in crime rates and the potential for decreased property values.
The McMillins filed suit on April 5, 2013. They also named MKL, PC, the law firm who submitted the rezoning application on behalf of Walmart.
Garrett’s summary judgment was published April 14, 2014.