A Jackson County judge this week dismissed a lawsuit filed to stop construction of a Wal-Mart Supercenter in south Lee’s Summit.
Judge Michael W. Manners dismissed the case against the city July 24, and today 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. However, she said, the plaintiff’s had 15 days to answer the motions by defendants for dimissal and did not do so, and so it seems likely they do not plan to pursue it further.
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.
There are no other roadblocks to construction, once Wal-Mart closes on the property and signs documents with the city, Bushyhead said.
Douglas Patterson, the McMillin’s lawyer, could not be reached for comment before deadline.