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6-26-09

 

 

 

 

 

 

Judge to be assigned for Tomahawke lawsuit

by Alan McArthur
Landmark reporter

The Missouri Supreme Court will be assigning a new judge to the lawsuit by developers of the Lake at Tomahawke Ridge against Platte County.

On Tuesday, June 16, Judge Abe Shafer recused himself from the case and it was then placed in the hands of Platte County Presiding Circuit Court Judge Owens Lee Hull.

According to court records, on Wednesday, June 17, Hull requested the Missouri Supreme Court assign a new judge to the case.

Chris Byrd, attorney for the developers, said he received a call last Thursday about the change of judges. Byrd said it appears the court will be going outside of Platte County in order to find a judge for the case.

Bob Shaw, attorney for the county, said he had heard a request was made to change the judge for the case.

A call seeking comment from Hull was not returned before deadline.

The development is located in the northeast corner of Winan and 92 Highway east of Platte City and would consist of more than 600 homes on around 300 acres of property. The majority landowner at the site is Hal Swaney and the developer is Tim Dougherty.

Previously, Byrd has told The Landmark the developers plan to submit a request for annexation and development approval to Kansas City.

Virginia Walsh, development management division manager for Kansas City, told The Landmark that no plans have been submitted yet for the development and/or annexation request. Walsh said she had expected they would be submitted by now.

Byrd this week said the developers still had some details to work out and the plan has not yet been submitted to Kansas City.

The developers originally began discussing annexation by Kansas City in October 2008. Byrd previously said the plans would be submitted in mid-March or early April.

The original plan submitted to the county was denied by both the planning and zoning commission and the Platte County Commission. The developers then filed the lawsuit against the county seeking to have a special use permit approved to allow the development.

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