Lawsuit regarding alleyway use for restaurant drive-through filed against City of Cape Girardeau

Groups of property owners filed a lawsuit against the City of Cape Girardeau along with two other organizations on Tuesday, Nov. 26.

The lawsuit was filed after the Cape Girardeau City Council approved a special-use permit for a new restaurant, Roni's Mac Bar at 716 and 718 Broadway St., to use an alleyway as a drive-through.

The plaintiffs in the case, filed in Cape Girardeau County Circuit Court, are Athena Property Group LLC, APG Limited LLC, Shiloh, LLC and Remedy Capital LLC, and the defendants were named as the City of Cape Girardeau, KEENMAC LLC and SEMO Cardinal Group LLC.

According to a news release sent out by Athena Property Group's Joseph Uzoaru, the plaintiff's companies are led by himself, Jay Meystedt, Lee Schlitt and Kevin Wood.

The suit is seeking judicial review of the City's decision to issue the special use permit to KEENMAC LLC, alleging the special use permit is "unconstitutional" and "unlawful".

The suit also alleges that the actions of the defendants have changed the public alleyway to a private business drive-though. The petition states that the actions of the defendant have "unreasonably and unlawfully" restricted the plaintiffs' drive-through access and rights to the alley.

"Plaintiffs have suffered damages in excess of $25,000," court documents state.

The suit contends restaurant customers and delivery drivers entering and exiting the alley will increase the danger to pedestrians on "sidewalks of Bellevue and Broadway". The document states that with access to the alley being limited and an increased danger the plaintiffs' properties "will lose significant value".

The release states the City's action should be void due to alleged failure to follow the proper legal procedures and constitutes an "inverse condemnation".

According to the document, an inverse condemnation happens when a government entity takes or interferes with the use of a property without "formally exercising eminent domain or providing just compensation".

"Public spaces should not be taken or repurposed for private gain without due process and consideration of the affected parties. The City of Cape Girardeau’s actions undermine the rights of residents and property owners and set a dangerous precedent for future development in our community," Uzoaru states in the release.

Meystedt states in the release that the City's decision on the special use permit showed "complete disregard" to current laws and procedures but also to all the local property owners, neighborhood residents and city hall staff.

According to a staff report given to the Planning and Zoning Commission, the staff had "no recommendation" regarding the special use permit request. The Planning and Zoning Commission recommended the approval of the request by a vote of 7-0 with commission member Kevin Greaser absent at the Sept. 11 meeting.

City Council members voted to table the decision on the final reading regarding the special use permit at a Monday, Oct. 21, meeting. The council unanimously approved the permit with new accommodations at their next meeting, Monday, Nov. 4.

"The council approved an amendment to the original motion unanimously, allowing two-way traffic to continue through the northern half of the alleyway. The council also unanimously approved the special-use permit for the drive-through with the included amendment," a Sunday, Nov. 10, Southeast Missourian article states.

After the Nov. 4 meeting, Mayor Stacy Kinder told the Southeast Missourian the council tries to consider a decision's "legal ramifications". She also said to the Southeast Missourian she couldn't give any more comments due to the open threat of litigation.

The suit was submitted by John C Steffens of The Limbaugh Firm.