Potential legal action to be pursued after Cape Council special-use permit decision

Potential legal actions may be on the horizon after the Cape Girardeau City Council approved a special permit to KEENMAC LLC for a new drive-thru restaurant coming to 716 and 718 Broadway.

After tabling their decision to grant a special-use permit for the operation of Roni's Mac Bar's drive-thru in an alleyway, council members approved amendments concerning the special-use permit their Monday, Nov. 4, meeting.

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.

According to prior Southeast Missourian reporting, The Limbaugh Firm attorney Nancy Browne told the council at a Monday, Oct. 21, meeting that they couldn't take public property such as a public alley and "usurp" it for private purposes, calling it an "inverse condemnation". Browne said residents were trying to avoid filing a lawsuit by bringing it to the council's attention first.

At the Oct. 21 meeting, Browne said she was representing Joe Uzoaru as well as other property owners. Browne also cited the case Heuer V. City of Cape Girardeau, where she said the city had to pay out $20,000 in attorney fees.

"In the case of Heuer versus City of Cape Girardeau, it was held that you could not, that an alley could not be interfered with ... nothing can be done to an alley that affects anyone's access," Browne said at the meeting.

Uzoaru told the council at the Nov. 4 meeting that he as a property owner does not consent to the alley being used for a drive-thru. Uzoaru told the Southeast Missourian that they are still considering legal action against the City of Cape Girardeau.

"The problem that we have is that the City Council is taking land that was dedicated to be used as an alley, and they are performing an inverse condemnation and changing that land that was dedicated to only being used as an alley into a drive-thru, which is unlawful in the state of Missouri," Uzoaru said.

He said that, unfortunately, this wasn't how he wanted to see it go.

Mayor Stacy Kinder told the Southeast Missourian that the City Council always tries to consider a motion's "legal ramifications".

"I know I've been talking with our city attorney, trying to get just background and research, and I know other council members have, too, and so that's just part of the routine homework that we do on every issue," Kinder said.

Kinder said she couldn't give any more comments because of the open threat of litigation.