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July 27, 2013

Judge dismisses challenge to Wal-Mart Supercenter in Lee’s Summit, but decision has been appealed

In the suit, Richard McMillin and Paula McMillin said their property values were harmed by a rezoning, an act improperly handled when the Lee’s Summit City Council voted on the issue. The suit claimed the council didn’t follow state-mandated procedures.

A Jackson County judge has dismissed a lawsuit filed to stop construction of a Wal-Mart Supercenter in south Lee’s Summit, but the plaintiffs are appealing.

Judge Michael W. Manners dismissed the case against the city July 24, and the following day dismissed the case against the law firm of Mitchell, Kristl & Lieber, which had filed for the rezoning on behalf of Wal-Mart Stores Inc.

Manner’s orders were without prejudice, said Christine Bushyhead, of Mitchell, Kristl & Lieber, so the suit could be refiled.

In the suit, Richard McMillin and Paula McMillin said their property values were harmed by a rezoning, an act improperly handled when the Lee’s Summit City Council voted on the issue. The suit claimed the council didn’t follow state-mandated procedures.

However, Douglas Patterson, lawyer for the McMillins, said he filed motions on Wednesday July 31 asking the court to vacate the dismissal by Manners, who has since retired. The case is reassigned to Judge David Byrn.

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