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Northland Management & Construction, LLC v. City of Parkville, MO
Hon. Brian C. Wimes
24-cv-06005-SJ-BCW
WDMO (KC, MO)
(P) – Jacob M. Doleshal
(D) – Steven F. Coronado & Jacob Donald Bielenberg
NOTE: This was a bench trial. This case involved a complaint for damages and writ of mandamus against the City of Parkville, Missouri, arising from the denial of a Final Certificate of Occupancy for a property in Parkville (“Lot 9”). In the suit, Northland alleged five counts: Regulatory Taking (Count 1), Procedural Due Process (Count 2), Equal Protection (Count 3), Inverse Condemnation (Count 4) (Pled in the Alternative to Count 1), and Mandamus & Declaratory Judgment (Count 5).
Verdict: Following a four-day bench trial, the Court entered judgment for the defendant on Count 1, judgment for the plaintiff on Count 3 in the amount of $160,000 with pre- and post-judgment interest, judgment for the plaintiff on Count 4 in the amount of $473,000 with pre- and post-judgment interest, and judgment for the plaintiff on Count 5, further ordering “Defendant’s application of Section 520 to Lot 9 as a basis to withhold the Final CO is legally erroneous, and Building Official Ed Gault or whomever presently occupies his office shall issue a Final Certificate of Occupancy for 9871 Promenade Drive in Parkville, Missouri, within fourteen (14) days of the date of this judgment.”
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Olah v. WCM Industries, Inc.
Hon. Roseann A. Ketchmark
4:24-cv-00078-RK
WDMO (KC, MO)
(P) Mark Eldon Myer
(D) Stacy M. Bunck
In this employment discrimination suit, the plaintiff alleged he had a physical impairment that substantially limited one or more of his major life activities, that his impairment would not interfere with performing the job in question if provided reasonable accommodation, that the defendant discharged him, that his disability actually played a role in and had a determinative influence on the discharge, and that such conduct directly caused him damage.
Verdict: The jury found in favor of the defendant following a three-day trial, with costs taxed to the plaintiff.
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Courtney Hargrove v. Bach Team, LLC
Hon. Stephen R. Bough
23-cv-00943-SRB
WDMO (KC, MO)
(P) – Robert A. Bruce & Daniel L. Doyle
(D) – Stephen J. Moore & Samantha I. Sader
In this employment discrimination suit, plaintiff alleged retaliation in violation of the Missouri Whistleblower’s Protection Act and failure to issue a service letter.
Verdict: The jury found in favor of plaintiff on both claims following a four-day trial. On the Whistleblower Protection Act claim, the jury awarded $32,257. On the failure to issue a service letter claim, the jury awarded $7 in actual damages and $20,000 in punitive damages. Total verdict: $52,264.
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William Arthur Johnson v. Kelly Hazen, ex rel. Estate of Steven B. Hazen, d/b/a Hazen Farm
Hon. Eric F. Melgren
2:23-cv-02057-EFM
D. Kan. (Wichita, KS)
(P) – Richard W. James & Christopher J. Omlid
(D) – Patrick J. Murphy
This was a retrial of a motor vehicle personal injury case relating to an accident in Pratt.
Verdict: The jury found in favor of the plaintiff, placing 55% of the fault on defendant Hazen and 45% of the fault on the plaintiff. The jury award damages as follows: Noneconomic loss to date: $575,000; Future noneconomic loss: $0; Medical expenses to date: $328,000; Future medical expenses: $0; Economic loss to date: $0; Total Damages Awarded (prior to fault reduction): $903,000.00.
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Christina Doty v. Matthew Wilson
Hon. Beth Phillips
22-3168-cv-S-BP
WDMO (Springfield, MO)
(P) – Christina Doty, pro se
(D) – Nichole Caldwell & David S. Baker
Plaintiff brought a pro se constitutional excessive force claim under 42 U.S.C. § 1983 against a former Christian County Sheriff’s Deputy, claiming that he used excessive force in throwing her into a wall and taking her to the floor during a dispute.
Verdict: The jury found in favor of the defendant following a two-day trial.
DID YOU KNOW?
On February 7, 2024, the U.S. General Services Administration (GSA) announced the award of a $62.4 million dollar contract to J.E. Dunn Construction Company for building improvements at the Charles E. Whittaker U.S. Courthouse in Kansas City, Missouri, as part of then-President Biden’s “Investing in America” agenda. The repair and restoration project includes the installation of low embodied carbon (LEC) materials that will increase efficiency and overall performance of the building. This project marked a furtherance of the federal government’s new efforts to prioritize the purchase of asphalt, concrete, glass and steel that have lower levels of greenhouse gas emissions associated with their production, use and disposal.
The investment was part of a larger $96 million project for complete window replacement and related roof repairs. A key portion of the glass is made in Carlisle, Pennsylvania, by Vitro Architectural Glass. The project aims to improve comfort, security and safety while reducing energy costs by installing 100,000 square feet of new, low-embodied carbon glass window and skylights, which is the size of two football fields. It will improve energy efficiency of the Whittaker Courthouse by upgrading the roof and replacing a deteriorating curtain wall, including windows and seals. When announced, the project was projected to create over 300 jobs over its intended 27-month duration. The project remains underway at this time.
NOTE: The Federal Bar Association Chapter for the Districts of Kansas and Western Missouri retains sole and complete responsibility for the content of this publication. For questions or comments about this publication, contact Blake Shuart via e-mail at Blake.Shuart@huttonlaw.com.
