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By Adrianne DeWeese
adrianne.deweese@examiner.net
An eminent domain case in eastern Independence that dates back to 2001 recently added another chapter.
A scheduled Oct. 19 court date for a civil suit was canceled because of an apparent settlement in the case involving property damages. However, the case has yet to be settled completely, and city officials declined comment until it is.
Scott, Hewitt and Mize LLC is settling out of court with Independence, Kidwell Enterprises, Leavenworth Excavating Company and Byam Engineering on alleged flood damage that occurred on 1.7 acres of privately owned property.
According to Richard Sullivan, an Independence attorney representing Scott, Hewitt and Mize LLC, the private property owners still own about 1.7 acres of land adjacent to property that was condemned under eminent domain.
The new Selsa Road was built from 39th Street to Little Blue Parkway, and flooding occurred on a roadway that abuts the Scott, Hewitt and Mize property, Sullivan said. He alleges that after the road was built, the city-hired developer – Kidwell Enterprises – built a dam that caused water to flood his clients’ property.
“It wasn’t a hole before, but it is now,” Sullivan said last week. “There was a drain pipe put in and since the drain and road has been constructed, my clients’ property has flooded between 3 and 4 feet twice in about four years.”
Sullivan was originally scheduled to speak on behalf of Tom and Patricia Scott about the 39th Street and Selsa Road projects during citizen requests at the Oct. 12 Independence City Council meeting. Steve Mize also had been scheduled to speak about the Scott, Hewitt and Mize LLC property.
Neither man appeared before council members that evening. The city of Independence filed a request for a protective order against Sullivan and Mize to prevent them from speaking about the case before the City Council because of ongoing litigation, City Counselor Allen Garner said.
Jackson County Circuit Court Judge Jack Grate overruled the order on Oct. 13, a day after the council meeting, Sullivan said. (Sullivan said Grate had been out of town on Oct. 9 and Oct. 12 was a court holiday because of Columbus Day.)
“I can make a pretty educated guess that for some reason the City Council does not want what Mr. Tom Scott has to say before the public,” Sullivan said last week.
Garner declined comment until the case is settled. He also said that Sullivan continues to use outlets like the press to leverage his clients’ case.
The eminent domain case involving Tom Scott and the city of Independence dates back to December 2001. The case played out publicly before the city and Scott, Hewitt and Mize decided in mid-2007 on a final price of $232,500 for 1.13 acres of condemned property.
“I’m glad it’s over, as long as the settlement agreement works out,” Tom Scott said. “Supposedly, they (the city of Independence) want the frontage to widen 39th Street, so hopefully we can settle that out of court. I can’t say whether I’m happy or sad – I’m just glad that it’s over after all of the hard work that went into it.”
Sullivan declined to disclose the latest case’s settlement amount.
“If my clients are happy, I’m happy,” Sullivan said. “I don’t think these groups will go back to court. Everybody’s satisfied with everything that’s done.”
By Adrianne DeWeese
adrianne.deweese@examiner.net
An eminent domain case in eastern Independence that dates back to 2001 recently added another chapter.
A scheduled Oct. 19 court date for a civil suit was canceled because of an apparent settlement in the case involving property damages. However, the case has yet to be settled completely, and city officials declined comment until it is.
Scott, Hewitt and Mize LLC is settling out of court with Independence, Kidwell Enterprises, Leavenworth Excavating Company and Byam Engineering on alleged flood damage that occurred on 1.7 acres of privately owned property.
According to Richard Sullivan, an Independence attorney representing Scott, Hewitt and Mize LLC, the private property owners still own about 1.7 acres of land adjacent to property that was condemned under eminent domain.
The new Selsa Road was built from 39th Street to Little Blue Parkway, and flooding occurred on a roadway that abuts the Scott, Hewitt and Mize property, Sullivan said. He alleges that after the road was built, the city-hired developer – Kidwell Enterprises – built a dam that caused water to flood his clients’ property.
“It wasn’t a hole before, but it is now,” Sullivan said last week. “There was a drain pipe put in and since the drain and road has been constructed, my clients’ property has flooded between 3 and 4 feet twice in about four years.”
Sullivan was originally scheduled to speak on behalf of Tom and Patricia Scott about the 39th Street and Selsa Road projects during citizen requests at the Oct. 12 Independence City Council meeting. Steve Mize also had been scheduled to speak about the Scott, Hewitt and Mize LLC property.
Neither man appeared before council members that evening. The city of Independence filed a request for a protective order against Sullivan and Mize to prevent them from speaking about the case before the City Council because of ongoing litigation, City Counselor Allen Garner said.
Jackson County Circuit Court Judge Jack Grate overruled the order on Oct. 13, a day after the council meeting, Sullivan said. (Sullivan said Grate had been out of town on Oct. 9 and Oct. 12 was a court holiday because of Columbus Day.)
“I can make a pretty educated guess that for some reason the City Council does not want what Mr. Tom Scott has to say before the public,” Sullivan said last week.
Garner declined comment until the case is settled. He also said that Sullivan continues to use outlets like the press to leverage his clients’ case.
The eminent domain case involving Tom Scott and the city of Independence dates back to December 2001. The case played out publicly before the city and Scott, Hewitt and Mize decided in mid-2007 on a final price of $232,500 for 1.13 acres of condemned property.
“I’m glad it’s over, as long as the settlement agreement works out,” Tom Scott said. “Supposedly, they (the city of Independence) want the frontage to widen 39th Street, so hopefully we can settle that out of court. I can’t say whether I’m happy or sad – I’m just glad that it’s over after all of the hard work that went into it.”
Sullivan declined to disclose the latest case’s settlement amount.
“If my clients are happy, I’m happy,” Sullivan said. “I don’t think these groups will go back to court. Everybody’s satisfied with everything that’s done.”
