Judge dismisses challenge to Wal-Mart Supercenter in Lee’s Summit, but decision has been appealed
07/27/2013 12:00 AM
08/06/2013 1:02 PM
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.
Join the Discussion
The Kansas City Star is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.