Friday, August 02, 2019

Shawnee Stays Losing Eminent Domain Fight

More than a few of you were interested in this suburban beef wherein our 5th favorite suburb flubs a land takeaway. Checkit:

Johnson County judge orders Shawnee to drop eminent domain claim against Wayne Developers' property

A district judge has prohibited the city of Shawnee from moving forward with an eminent domain claim on property owned by Wayne Developers LLC. Judge Kevin Moriarty, district judge presiding over Division 14 in Johnson County District Court, entered his memorandum decision Wednesday, July 31.

3 comments:

Anonymous said...

Ah city halls favorite tool. That and the blight card.

Tracy Thomas said...

The city cheated. Had multiple chances to buy, or lease. Didn't want to pay the price. Then the night of the only hearing on the dreadful Shawnee Community Center $54 million fiasco, they ALSO had an executive session. To condemn via eminent domain this land owned by Republic trash/aka Wayne developers.

Staff fudged the facts to the council, convincing them it was land promised to them by the now deceased Ronnie Deffenbaugh, and we "needed it for a garage" for mowers and pool toys for the hoped for Community Center. But there was no PLAN. Except to grab that land from the rightful owner, Republic Trash--at a lowball rate.

Yesterday the city attorney told me, "We were faulted for not having a plan in place, eg 2011. I ask you, who makes a plan when you're not prepared to act on it?" I replied, well, a city that just wasted $356,000 plus thousands of staff hours "pre-planning" to give a no bid contract to JE Dunn, to build a community center THAT HAD NOT BEEN APPROVED BY THE COUNCIL OR THE VOTERS!"

Good for Republic Trash (they do a great job here for my HOA), good for them for hiring the lazer-focussed litigator, Melissa Hoag Sherman at Spencer Fane. She clobbered the city of Shawnee's rent a lawyer with the facts.

Shame on the new City Manager, Nolan Sunderman, who was caught scolding Republic with "We don't want you here. We don't want to be a trash town." Dumb thing to say.

Eminent domain is stealing. Good for now retired judge Moriarty for his ruling. You can't just come in and steal/co-opt private property at Tony Soprano rates--just cuz you want it.

The City says, "But Ronnie Deffenbaugh told us we could have it when he died." Well, he became a paraplegic when a stupid tech at Shawnee Mission hospital didn't belt him onto an Xray table and he fell off. So he never got around to sending you that Hallmark card and promise.

My Aunt Margaret always thought she was owed Grandma's mantle clock. But Grandma put MY name on the back. Stuff happens. I did offer to loan it to Margaret till she died, but she said no thanks. She then promised to send me the Torrey statue. But that never happened.

Lessons: get it in writing. And have a written plan. And have a plan B, which includes paying a fair price. And don't lie, cheat or use eminent domain for a stupid garage. There is land right next door to it.

Anonymous said...

^^ I bet the council hates you for telling the truth. Do they try to have you escorted by security? Lol