IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the settlement of the claims made by Deborah Groh et al. in case numbers 1816-CV00401, 1916-CV10539, and 1916-CV26967, now pending in the Circuit Court of Jackson County, Missouri, for a total payment by the County in the amount of $225,000.00, of which $75,000.00 will be reimbursed out of funds held by the County for the benefit of the Kansas City Transportation Authority.
Intro
RESOLUTION NO. 20545, October 26, 2020
INTRODUCED BY Theresa Cass Galvin, County Legislator
Body
WHEREAS, in case numbers 1816-CV00401, 1916-CV10539, and 1916-CV26967, now pending in the Circuit Court of Jackson County, Missouri, Deborah Groh and seventeen other plaintiffs have brought claims against the County and the Rock Island Rail Corridor Authority for trespass and/or inverse condemnation and to quiet title to real estate all concerning the County's use and construction of a recreational trail on the Rock Island Rail Corridor, which the County purchased from the Union Pacific Railroad Company in 2016; and
WHEREAS, the plaintiffs in these lawsuits generally contend that, when the County purchased the corridor, the county received only an easement for railroad purposes and that the County's use of the corridor for recreational trail purposes exceeds the permissible use of the easement rights; and
WHEREAS, it is the County's contention that Union Pacific conveyed fee title to the County in the purchase transaction and that the construction of a recreational trail is within the County's rights as fee owner; and
WHEREAS, the parties to the lawsuit have conducted significant pretrial proceedings and participated in a mediation; and
WHEREAS, after these proceedings and extensive negotiations, the County Counselor and special litigation counsel recommend the settlement of all claims against the County and the Rail Corridor Authority for a payment by the County in the total amount of $150,...
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