Blue Springs, MO (MMD Newswire) February 14, 2009 -- Adams Dairy Investors Group, LLC has filed a lawsuit against the City of Blue Springs, the Blue Springs City Council, and Councilman William R. Fowler, as an individual, in connection with the proposed development of its property located on Adams Dairy Parkway in Blue Springs, MO. The project, known as Parkway Place and Parkway West, was denied rezoning and the establishment of a community improvement district by the City of Blue Springs, through its City Council.

In a seven-count lawsuit, Adams Dairy Investors Group alleges that the City, through the City Council, and specifically William R. Fowler, acted arbitrarily, capriciously, unreasonably, and illegally in denying the applications that the City's staff and the City's Zoning Commission approved for rezoning Parkway West to include gas pumps and a canopy for an upscale market and a community improvement district to fund road improvements on City-owned right of way that the City is requiring Adams Dairy Investors Group to construct as part of its project. Without the rezoning and community improvement district, and the user sales tax that the district would collect, the project is unfeasible.

The lawsuit alleges that the City, through its City Council and Councilman Fowler, violated Adams Dairy Investors Group's substantive and procedural due process rights, inversely condemned its property, denied it equal protection relating to other projects that the City has approved or rezoned, violated its civil rights, and that the denials amount to a regulatory taking of its property without just compensation. Additionally, Adams Dairy Investors Group makes a claim against Councilman Fowler for statements that he made against Adams Dairy Investors Group that were not true and damaged its reputation.

Adams Dairy Investors Group filed the lawsuit in The Circuit Court of Jackson County, Missouri, at Independence. The lead attorney for Adams Dairy Investors Group is David Zeiler. John Roe, a well-respected real estate and municipal planning attorney in the Kansas City metropolitan area is assisting Mr. Zeiler with the prosecution of the lawsuit.

For more information, contact David Zeiler at 816-229-8262, Ext. 313, or dzeiler@speertebbe.com www.aboutbluesprings.com

case number is 0916-CV03368 Jackson County, Missouri 16th Circuit Court

Court Documents can be accessed online here:
https://www.courts.mo.gov/casenet/cases/searchCases.do?searchType=caseNumber

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