File #: 15576    Version: 0 Name: Restitution for loss of parkland.
Type: Resolution Status: Defeated
File created: 7/25/2005 In control: Legislature As A Whole
On agenda: 7/25/2005 Final action: 8/8/2005
Title: A RESOLUTION for restitution for loss of parkland.
Sponsors: Robert Stringfield
Indexes: DEFEATED, PARKLAND LOSS

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

Title

A RESOLUTION for restitution for loss of parkland.

 

 

Intro

RESOLUTION  # 15576,   July 25, 2005

 

INTRODUCED BY    Robert A. Stringfield, County Legislator

 

 

Body

WHEREAS, the County Counselor has filed a Petition For Damages in the Circuit Court of Jackson County, Missouri at Independence Against McClain Enterprises, Inc. and Bill House Excavating Co. (Case No. 0516-CV14771); and,

 

WHEREAS, the lawsuit alleges that the defendants trespassed on county parkland and dug a pit approximately two acres in size and removed approximately 73,778 cubic yards of soil; therefore,

 

BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that in no event shall said lawsuit be settled without trial by jury unless and until payment to the County of an amount equal to no less than the price of restoring the property to its original condition plus legal fees and court costs.

 

Enacted and Approved

Effective Date:  This Resolution shall be effective immediately upon its passage by a majority of the Legislature.

 

APPROVED AS TO FORM:

 

______________________________                                            _______________________________

Acting Chief Deputy County Counselor                                                               County Counselor                                          

 

Certificate of Passage

 

                     I hereby certify that the attached resolution, Resolution #15576 of July 25, 2005  was DEFEATED on  _________August 8__________________, 2005 by the Jackson County Legislature.  The votes thereon were as follows:

 

 

                     Yeas ________1_________          Nays _____0______

 

 

                     Abstaining _____5______       Absent ______3______

 

 

______________________                                            _________________________________

Date                                                                                                           Mary Jo Spino, Clerk of Legislature