JAN. 29-FEB. 4, 2024 SPRINGFIELD BUSINESS JOURNAL · 21 NEWS research, making the point that his information is not firsthand knowledge but rather historical documents that he’s read. “So, you don’t have firsthand knowledge?” Fisher asked. Crabtree responded, “Nor do you.” Wade additionally called Daniel Neal, senior planner for the city of Springfield, as a witness, and turned over questioning to plaintiff and intervenor Mark Fletcher. While questioning Neal about the documentation the city prepared on the proposed BK&M development for the Springfield Planning & Zoning Commission and City Council, Fletcher referenced photos of University Heights homes that were included in the Forward SGF comprehensive planning document. “The city is showcasing University Heights for how neighborhoods should look like, correct?” Fletcher asked. Neal said, “It’s one of the most established neighborhoods that we have in the city.” Fletcher later called his wife, Courtney, to the stand to testify, asking her to confirm several pictures she took of University Heights homes and identify those with deed restrictions related to commercial development, but also requirements on the types of materials that can be used, namely brick, stucco or stone. Courtney Fletcher said the deed restrictions are important “because we know there’s not going to be a commercial development there.” “It’s like an oasis in center city. People love it,” she said of University Heights. Fisher’s only witness, called after 5 p.m. as the trial neared its closure, was his client, Duda. Fisher asked Duda to identify photos that the developer said showed examples of University Heights homes that have broken the covenants presented in the deed restrictions. Duda took issue with garages that appeared to have living spaces above them, exterior sheds and homes he said either did not conform to the building standards or had partial construction elements, such as siding, that was not originally permitted. Duda also was questioned by the attorneys about the properties BK&M purchased in preparation for the development, some of which have been torn down. “There were trees growing through the roof. There was wood rot. It was in pretty rough shape,” Duda said of one of the homes. In response to questioning from Fletcher, Duda acknowledged University Heights is “a great neighborhood” at its core, but the outskirts of it have properties in decline. “Some of the houses look like they’re deteriorating,” Duda said, referencing residences he’s seen while driving west on Sunshine. “The inside of the neighborhood is gorgeous.” Fisher asked Duda why he invested millions of dollars in buying residential lots at the corner of Sunshine and National if they were in deteriorating condition. “What was valuable to BK&M?” Fisher asked. “The spot,” Duda replied. “It’s the second-busiest intersection.” Following Duda’s testimony, Ankrom asked the attorneys if they’d like to give closing arguments. Declining to do so, the attorneys were given another two weeks to file further documentation for Ankrom to consider. BK&M’s most recent iteration of its development plan calls for a food hall with indoor and outdoor pickleball courts. On Jan. 10, a city news release indicated BK&M had pulled its rezoning request to change its property to general retail from a single-family residential district and to establish a new conditional overlay district. The release indicated BK&M plans to apply for a rezoning to a planned development in the future. • Trial: Defendant says some University Heights properties are in decline Continued from page 8 OWNER/DEVELOPER FOR LEASE RETAIL • 2,400 sq ft 2803 W. Chestnut Expressway • 3,200 sq ft 2811 W. Chestnut Expressway • 5,600 sq ft 2845 C W. Chestnut Expressway OFFICE/WAREHOUSE • 1,250 sq ft 2755 W. Chestnut Expressway • 2,000 sq ft 2335 E. Chestnut Expressway A108 1630-H E. Bradford Parkway Springfield, MO 65804 417.831.3885 teri@wehrjohnson.com www.wehrjohnson.com provided by JYM WILSON FOR SPRINGFIELD DAILY CITIZEN BK&M partner Ralph Duda takes the stand as the last witness of the day, Jan. 18.
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