SUMMONS (CONDEMNATION)  &  PETITION IN CONDEMNATION

9/10/02

 

MOPR Notes:  During a rare & brief visit from out-of-town family members, I rcv'd this at 9:35am, Sun, 9/29/02.  Legal descs were attached but no drawings;  Page 1 is stamped "02CC-003514, Rcv'd Circuit Ct of StL County 9/10/02, 2:49pm, Joan M Gilmer, Circuit Ct";   Rebecca (Becky) Abts, is not listed as a def altho her name is on the #8 Arnold Dr Rental Agreemt along with John Tom Sloan (who seems to go by Tom);  P6 has no signature above EM's name.  This cond is for the levee & associated structures OR blight elimination which is redev.  Revdev is taking from Peter for Paul, jeopardizing millions of home & business owners' rights. 

 

In the

CIRCUIT COURT

of St Louis County, MO

 

   CITY OF VALLEY PARK, MO                   ((blank))          
Plaintiff(s) Date
   
  02cc-3514 F         
vs. Case Number
   
   EDWARD A. HARRAWOOD, ET AL         THREE       
Defendant(s) Division

 

SUMMONS  (CONDEMNATION)

 

THE STATE OF MISSOURI TO DEFENDANT(S):

 

MAUREEN MORRIS

XXX

XXX

 

You are hereby summoned to appear in Div  3   of the Circuit Court, St L County, MO Courts Bldg, 7900 Carondelet, Clayton MO 63105, on  OCTOBER 24, 2002  at  1:30  pm.  When & where the attached petition of the plaintiff in condemnation shall be heard by the Court.  The Court shall decide if the relief sought in the petition should be granted & if so, appoint cmsnrs to assess the damages which you may sustain.  Failure to appear or plead to the petition shall result in judgemt by default being taken against you for the appointmt of condemnation cmsnrs to assess the damages you may have sustained & for the relief demanded in the petition.

 

SPECIAL NEEDS:  If you have special needs addressed by the Americans With Disabilities Act, please notify the Circuit Clerk's Office at 314/615-8029, fax 314/615-8739, or TTY 314/615-4567 at least three business days in advance of the court proceeding.

 

DATED        SEPT 27, 2002       

 

  JOAN M. GILMER, Circuit Clerk
   
  By [signed Lucille B. _i_kes]          

 

IN THE CIRCUIT COURT OF THE COUNTY OF ST LOUIS

STATE OF MO

CITY OF VP, MO

Plaintiff,

v. Cause No.  ((blank))
  Division:  3

EDWARD A HARRAWOOD, HOLD SERVICE FOR ENTRY OF APPEARANCE

 

LISA JANE HARRAWOOD, HOLD SERVICE FOR ENTRY OF APPEARANCE

 

VENITA BROWN, HOLD SERVICE FOR ENTRY OF APPEARANCE

 

MAUREEN M MORRIS, Serve at:  XXXXXXXX, XXXXXXXXX

 

JOHN SLOAN, Serve at:  8 Arnold Dr, VP, MO 63088

 

MICHAEL McGHEE, Serve at:  6 Arnold Dr, VP, MO  63088

 

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DENNIS CARVER, Serve at:  7 Arnold Dr, VP, MO  63088

 

MICHAEL WILSON, Serve at:  4 Arnold Dr, VP, MO  63088

 

              Defendants.  

 

PETITION IN CONDEMNATION

 

  COMES NOW Plaintiff, by & thru its City Atty, & states:

  1.  That at all times hereinafter mentioned it was, & is now, a body corporate & a political subdiv of the State of MO duly organized as a 4th class city pursuant to Chapter 79, RSMo, located in St L County, MO. 

 

  2.  That Edward A Harrawood & Lisa Jane Harrawood are the owners of 1 Arnold Dr, (Exhibit A-1);  4 Arnold Dr, (Exhibit A-4);  & 7 Arnold Dr, (Exhibit A-7);  all located within City VP, St L County, MO;  that Michael Wilson is a tenant at 4 Arnold Dr, (Exh A-4) & Dennis Carver is a tenant at 7 Arnold Dr (Exh A-7), which parcels & rights in parcels are necessary for the purpose of constructing, op'g, maint'g, using, repairing & replacing a levee & associated infrastructure, said levee being designed & constructed by the USACE, auth'd by the US

 

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in P.L. 97-128 in 1981 with City VP acting as local sponsor pursuant to a Local Coop Agreemt adopted & enacted by City VP & the Sec'y of the Army for the US on 8/12/92 or are the owners of blighted properties as that term is defined in Chapter 99 RSMo.  Said parcels are described on Plf's exhibits, all of which are attached hereto & incorporated by reference herein.

 

  3.  That Maureen M Morris is the owner of record of 8 Arnold Dr (Exh A-8);  that John Sloan is a tenant at 8 Arnold Dr (Exh A-8), which parcels & rights...((see the rest of #2 - same as rest of this)). 

 

  4. That Venita M Brown is the owner of 17 Arnold Dr (Exh A-17);  18 Arnold Dr (Exh A-18);  18R Arnold Dr (Exh A-18R);  19 Arnold Dr (Exh A-19);  & 20 Arnold Dr (Exh A-20), which parcels & rights...((see the rest of #2 - same as rest of this)). 

 

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  5.  That Michael McGhee is the owner of 6 Arnold Dr (Exh A-6) a portion of which parcels & rights...((see the rest of #2 - same as rest of this)). 

 

  6.  That said lands are within VP Levee & Infrastructure Redev Area, as approved & adopted byCity

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VP, MO in Ord 949, passed & approved on 12/21/88, which authorizes the City to acquire said properties by eminent domain pursuant to Sec 99.820(3) RSMo, & that Plf is further empowered, pursuant to Chapter 88 of the RSMo, to acquire land for public purposes. 

 

  7.  That City VP has found, determined & declared by Ord 1505, p&a'd on 8/7/00, & as amended on 9/3/02, that the acquisition of the lands or parts thereof owned by Defs herein is necessary for the const of a levee system within City VP, or that said property is blighted as defined in Chapter 99 RSMo, & the same is for the benefit of the public & the City was thereby auth'd to acquire same by negotiation, purchase, gift, or otherwise, the tracts herein.

 

  8.  That it is necessary to acquire all or parts of the following tracts for the purpose of constructing, op'g, maint'g, using, repairing & replacing a levee & associated structures referred to in paragraphs 1-3 herein or to remove "blight" as defined in Chapter 99, RSMo; 

 

  a.  See Exhs A-1, A-4, A-6, A-7, A-8, A-17, A-18, A-18R, A-19, & A-20 therein.

 

  9.  That Plf established an amount believed to be just compensation for the property needed for each parcel described herein & damage, if any, to the property not taken, & the amounts so established were promptly offered to the owners of the respective properties.  Plf made a reasonable effort to acquire expeditiously the real property needed

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from each parcel described herein by negotiation, but Plf & the owners of the property have been unable to agree upon the amount of just compensation to be paid.

 

  WHEREFORE, Plf prays this Honorable Court to cause process to issue to the Def owners & persons mentioned herein giving the Defs at least ten (10) days notice of the time & place where this Petition will be heard & requiring said Defs to appear at said time & place;  that three (3) Condemnation Cmsnrs be appointed to ascertain & asses the damages, if any, which the  Defs may sustain by reason of the acquisition & appropriation of said parcels of land for levee-related purposes & to take such action to make & enter such Orders, Judgemts, & Decrees as may be necessary & proper to cause the lands hereinbefore described to be & stand condemned for the uses & purposes herein stated;  & to give Plf the right to take possession of & to make use thereof, immediately upon the filing & recording of the Report of Cmsnrs & paymt to the Circuit Clerk of the amounts, if any, which may be assessed in said Report & make such further Orders as the Court may be deemed just & proper.

 

                ((blank))                         
  ERIC M MARTIN,     MBEN 27466
  109 Chesterfield Business Parkway
  Chesterfield, MO  63005-1233
  636-530-1515
  636-530-1556 (FAX)
  Atty for Plf

 

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