Judge sides with city of Prairie Village, Tutera in Mission Chateau case

Mission Valley Middle School

Sutherland
Judge Thomas Sutherland

Johnson County judge Thomas Sutherland on Friday issued his ruling in the case brought against the city of Prairie Village by a group of homeowners who claimed they were disenfranchised when the city council approved the Tutera Group’s 350,000 square foot Mission Chateau senior living community by a simple majority in January, finding that the city had followed proper procedure in determining whether a protest petition that would have triggered a supermajority requirement for the vote was valid and that the plaintiff’s claims didn’t merit corrective action.

The plaintiffs and the city had filed competing motions for summary judgment in the matter. Lawyers representing the city, site owner Joe Tutera’s company MVS LLC, and the plaintiffs made oral arguments before Sutherland Sept. 2. (Check out our write up of those proceedings for an overview of the specific arguments the homeowners made in claiming the city had improperly calculated the figures used in the protest petition determination).

Ryan Fischer of the Tutera Group said MVS LLC “is pleased with Judge Sutherland’s ruling and looks forward to continuing with the plan to build a state-of-the-art continuum of care retirement community in Prairie Village.” Fischer said the company has not established a timeline for groundbreaking on the property.

Brian Doerr, a plaintiff in the case and a partner at Duggan, Shadwick, Doerr & Kurlbaum, LLC, the firm representing the homeowners, said the group did not have any comment on the ruling at this point.

The full ruling is embedded below:

https://dfv6pkw99pxmo.cloudfront.net/wp-content/uploads/2014/09/Memorandum-Decision.pdf