Developer sues after Prairie Village rejects Mission Chateau project

10/02/2013 11:17 AM

10/02/2013 9:59 PM

The battle over a proposed senior housing development on the site of the former Mission Valley Middle School is headed to court after it failed to be approved by the Prairie Village City Council last month.

Developer Joe Tutera has filed a lawsuit in Johnson County District Court challenging the city’s decision to turn down his Mission Chateau development at 8500 Mission Road. The development calls for a 358,040-square-foot senior residential development on the 18.4-acre site of the closed school.

The council voted 7-6 in favor of the $50 million development plan, but it required a supermajority of 10 votes because of a protest petition filed by neighborhood residents. The project also had been endorsed 5-1 by the City Planning Commission.

The development, proposed in January 2012 and then modified after being reviewed by the city, has been consistently opposed by residents who believe its size and scope are not compatible with the surrounding neighborhood.

In its lawsuit filed Tuesday, MVS LLC, Tutera’s development entity for the project, alleges that Prairie Village failed to follow proper legal standards when it rejected its application for a special use permit to build the project.

“MVS looks forward to defending the decision of the majority of the Prairie Village Council, defending the near unanimous action of the planning commission and defending the unqualified recommendation of the professional planning staff, each of whom supported the issuance of the special use permit,” according to a statement released by the developer.

Prairie Village officials could not be reached immediately for comment about the lawsuit.

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