Five households with property along the southern edge of the proposed Mission Chateau senior living development have filed suit to stop the Prairie Village City Council from considering the latest plan submitted by the Tutera Group for the Mission Valley school site. The council is scheduled to vote on the proposal in early January.
A hearing on a temporary injunction to block the council from voting has been scheduled for Dec. 23 in Johnson County District Court. The suit contends the southern neighbors were not notified of the planning commission hearing, that those neighbors are being denied the right to participate in a protest petition, that the Tutera Group cannot file another plan while it is suing the city over denial of the last plan, and that the second plan is not a substantial change from the first plan.
The Prairie Village Planning Commission earlier this month had approved a revised plan for the senior living complex. A previous Special Use Permit (SUP) application also had been approved by the commission, but was defeated in city council. That council vote saw a majority vote in favor of the proposal, but a successful protest petition filed by neighboring residents had forced a super-majority vote to win approval.
In the second filing, Tutera replaced villas along the southern property edge with single family homes. That effectively moved the neighbors outside the 200-foot boundary of the SUP application that would require notice of the hearing and give them the right to participate in a protest petition. The suit contends that interpretation of the boundary is not correct and that the neighbors should be included in the 200-foot zone.
The Mission Valley Neighbors Association (MVNA) had argued before the plan commission that the entire 18 plus acres should be part of the SUP, not the reduced acreage which excluded the single family home sites.
The City of Prairie Village has now been sued by both sides – the developer and the neighbors – in the long-running dispute over redevelopment of the school property.