417 S.W.3d 825 (Mo.App. W.D. 2014), WD 76068, City of North Kansas City v. K.C. Beaton Holding Co., LLC

Docket NºWD 76068, WD 76110.
Citation417 S.W.3d 825
Opinion JudgeJAMES EDWARD WELSH, Chief Judge.
Party NameCITY OF NORTH KANSAS CITY, Missouri, Appellant-Respondent, v. K.C. BEATON HOLDING COMPANY, LLC, et al., Respondents-Appellants, and Platte Valley Bank of Missouri and Keith Hicklin, Respondents.
AttorneyKeith Hicklin, Platte City, MO, for Respondent Acting Pro Se. Keith Hicklin, Platte City, MO, for Respondent, Platte Valley. Paul Henry, Clayton, MO, for Respondent-Appellant City of North K.C. Robert Denlow, St. Louis, MO, for Respondent-Appellant City of North K.C.
Judge PanelBefore Division Four: JAMES EDWARD WELSH, C.J., CYNTHIA L. MARTIN, J., and PATRICK ROBB, Sp. J. All concur.
Case DateJanuary 14, 2014
CourtCourt of Appeals of Missouri

Page 825

417 S.W.3d 825 (Mo.App. W.D. 2014)

CITY OF NORTH KANSAS CITY, Missouri, Appellant-Respondent,

v.

K.C. BEATON HOLDING COMPANY, LLC, et al., Respondents-Appellants,

and

Platte Valley Bank of Missouri and Keith Hicklin, Respondents.

Nos. WD 76068, WD 76110.

Court of Appeals of Missouri, Western District.

January 14, 2014

Page 826

[Copyrighted Material Omitted]

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Keith Hicklin, Platte City, MO, for Respondent Acting Pro Se.

Keith Hicklin, Platte City, MO, for Respondent, Platte Valley.

Paul Henry, Clayton, MO, for Respondent-Appellant City of North K.C.

Robert Denlow, St. Louis, MO, for Respondent-Appellant City of North K.C.

Before Division Four: JAMES EDWARD WELSH, C.J., CYNTHIA L. MARTIN, J., and PATRICK ROBB, Sp. J.

JAMES EDWARD WELSH, Chief Judge.

The City of North Kansas City (the City) seeks to condemn property owned by K.C. Beaton Holding Company, L.L.C., upon which Gilbertson Restaurants, L.L.C., operates a Burger King restaurant.1 The City filed an amended verified petition in condemnation against K.C. Beaton, and K.C. Beaton filed a motion to dismiss the petition. The circuit court granted K.C. Beaton's motion to dismiss finding that the City did not have the authority to condemn the Burger King property under section 88.497, RSMo 2000, for the " public purpose" of eliminating blight. The City appeals asserting that the circuit court erred in dismissing its amended verified petition in condemnation on the grounds that the City lacked legal authority to condemn the Burger King property under section 88.497. The City contends that section 88.497 granted the City the right to take property " for any other necessary public purposes" and that the elimination of blight is a public purpose. K.C. Beaton cross-appeals asserting that the circuit court erred in finding that the City's ordinance, which declared the Burger King property to be blighted, was valid. K.C. Beaton asserts that the City's ordinance violates article VI, section 21 of the Missouri Constitution, because the City did not follow the requirements of any statute when it made its determination that the area, which included the Burger

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King property, was blighted. We affirm the circuit court's judgment and dismiss K.C. Beaton's cross-appeal.

The City of North Kansas City is a third-class and non-charter city with a population between 4,000 and 5,000 inhabitants. K.C. Beaton Holding Company, L.L.C., is the owner of real property located generally at 1911 Armour Road in North Kansas City. Gilbertson Restaurants, L.L.C., is the operator of a Burger King on the property owned by K.C. Beaton Holding Company, L.L.C.2

The City has undertaken the removal of blight and seeks to redevelop approximately 57 acres of land located in the City south of Armour Road and east of Interstate 35 (the Armour Road Site). In an effort to determine whether the Armour Road Site was blighted, the City commissioned a blight study, dated July 31, 2008. The City obtained an updated blight study, dated April 30, 2010, to confirm and update the contents of the original study. Both the 2008 and 2010 blight studies concluded that the Armour Road Site was blighted. The blighting factors were not found on the Burger King property, but because the studies found a preponderance of blight, the studies concluded that the entire area was blighted.3

After reviewing the blight studies and being advised of the condition of the Armour Road Site, the City's city council passed Ordinance No. 8476, which was subsequently approved by the City's mayor on June 22, 2010. In Ordinance No. 8476, the city council found and declared that a preponderance of the Armour Road Site was blighted. Ordinance No. 8476 specifically stated that the city council reviewed the 2008 and 2010 blight studies for the Armour Road Site prior to determining the property was blighted. Further, Ordinance No. 8476 stated that the city council made its determination that the property was blighted after considering each parcel within the Armour Road Site. The ordinance authorized the City to acquire by purchase, donation, lease, or eminent domain, pursuant to section 88.497, RSMo, and Chapter 1.20 of the City Code, all legal interests in the properties within the Armour Road Site.

To carry out its intent to eliminate blight and redevelop the Armour Road Site, the City commenced acquiring various properties within the described area. The City acquired all of the properties at

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the Armour Road Site except the property that is the subject of this litigation.4

On June 28, 2011, the city council and the mayor approved Ordinance No. 8551, which specified that the City deemed it necessary and in the best interests of the citizens of the City to acquire certain interest in lands and all associated appurtenances and improvements, if any, in the Burger King property. Ordinance No. 8551 identified that the land was required for the necessary public purpose of providing for the clearance, replanning, reconstruction, redevelopment and rehabilitation of blighted and substandard areas for any necessary public purpose or any positive economic impact for the public good of the City. Through Ordinance No. 8551, the city council authorized and issued a certificate of public convenience and necessity authorizing the City to acquire by the exercise of eminent domain the Burger King property in fee simple or other appropriate estate.

On July 7, 2011, the City sent a letter to K.C. Beaton Holding Company, which gave notice of the City's intent to acquire the Burger King property as part of the City's plan for redevelopment of the Armour Road Site and which invited K.C. Beaton Holding Company to engage in negotiations prior to initiating a condemnation action. Prior to engaging in negotiations for the property, the City had the Burger King property appraised. The appraiser concluded that the fair market value of the property was $850,000 as of...

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6 practice notes
  • 478 S.W.3d 440 (Mo.App. W.D. 2015), WD78122, Thomas v. Grant Thornton LLP
    • United States
    • Missouri Court of Appeals of Missouri
    • 6 Octubre 2015
    ...to dismiss is limited to the sufficiency of the pleadings on their face. City of North Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825, 830 (Mo. App. W.D. 2014). Where, as here, both parties introduce evidence beyond the pleadings, a motion to dismiss is converted to a motion fo......
  • Thomas v. Grant Thornton LLP, 100615 MOCAW, WD78122
    • United States
    • Missouri Court of Appeals of Missouri
    • 6 Octubre 2015
    ...to dismiss is limited to the sufficiency of the pleadings on their face. City of North Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825, 830 (Mo. App. W.D. 2014). Where, as here, both parties introduce evidence beyond the pleadings, a motion to dismiss is converted to a motion fo......
  • 436 S.W.3d 718 (Mo.App. E.D. 2014), ED101151, State ex rel. Watson v. Sherry
    • United States
    • Missouri Court of Appeals of Missouri
    • 8 Julio 2014
    ...with the power to implement plans for the redevelopment of blighted areas. City of North Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825, 831-32 (Mo.App. W.D. 2014). No plan may be adopted without the governing body finding, among other things, that the redevelopment project are......
  • State Ex rel. Community Treatment, Inc. v. Missouri Commission On Human Rights, 100218 MOCAW, WD81352
    • United States
    • Missouri Court of Appeals of Missouri
    • 2 Octubre 2018
    ...are charged with knowledge that the motion was so converted.'" City of N. Kansas City v. K.C. Beaton Holding Co., 417 S.W.3d 825, 830 n.6 (Mo App. W.D. 2014) (quoting Mitchell v. McEvoy, 237 S.W.3d 257, 259 (Mo. App. E.D. 2007)); Energy Creates Energy, LLC v. H......
  • Request a trial to view additional results
6 cases
  • 478 S.W.3d 440 (Mo.App. W.D. 2015), WD78122, Thomas v. Grant Thornton LLP
    • United States
    • Missouri Court of Appeals of Missouri
    • 6 Octubre 2015
    ...to dismiss is limited to the sufficiency of the pleadings on their face. City of North Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825, 830 (Mo. App. W.D. 2014). Where, as here, both parties introduce evidence beyond the pleadings, a motion to dismiss is converted to a motion fo......
  • Thomas v. Grant Thornton LLP, 100615 MOCAW, WD78122
    • United States
    • Missouri Court of Appeals of Missouri
    • 6 Octubre 2015
    ...to dismiss is limited to the sufficiency of the pleadings on their face. City of North Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825, 830 (Mo. App. W.D. 2014). Where, as here, both parties introduce evidence beyond the pleadings, a motion to dismiss is converted to a motion fo......
  • 436 S.W.3d 718 (Mo.App. E.D. 2014), ED101151, State ex rel. Watson v. Sherry
    • United States
    • Missouri Court of Appeals of Missouri
    • 8 Julio 2014
    ...with the power to implement plans for the redevelopment of blighted areas. City of North Kansas City v. K.C. Beaton Holding Co., LLC, 417 S.W.3d 825, 831-32 (Mo.App. W.D. 2014). No plan may be adopted without the governing body finding, among other things, that the redevelopment project are......
  • State Ex rel. Community Treatment, Inc. v. Missouri Commission On Human Rights, 100218 MOCAW, WD81352
    • United States
    • Missouri Court of Appeals of Missouri
    • 2 Octubre 2018
    ...are charged with knowledge that the motion was so converted.'" City of N. Kansas City v. K.C. Beaton Holding Co., 417 S.W.3d 825, 830 n.6 (Mo App. W.D. 2014) (quoting Mitchell v. McEvoy, 237 S.W.3d 257, 259 (Mo. App. E.D. 2007)); Energy Creates Energy, LLC v. H......
  • Request a trial to view additional results