JAN. 29-FEB. 4, 2024 8 · SBJ.NET NEWS BK&M trial ends, verdict to come by Geoff Pickle · gpickle@sbj.net A planned two-day trial was kept to one day on Jan. 18 as Greene County Circuit Court Judge Derek Ankrom received evidence and listened to witness testimonies in a bout pitting a group of University Heights neighborhood residents against developer BK&M LLC. No verdict was delivered, with Ankrom saying at the end of the more than eight-hour trial that the parties’ attorneys had two weeks to file any proposed summaries for him to consider in his verdict. Ankrom, who did not indicate a planned date for his decision, previously issued a partial dismissal of claims on the portion of the plaintiffs’ lawsuit related to the zoning of lots in the neighborhood. A verdict from the Jan. 18 trial had not been issued by press time. At issue is whether BK&M – represented at trial by partner Ralph Duda and his attorney, Bryan Fisher of Neale & Newman LLP – can move forward with its commercial development plans at the northwest corner of Sunshine Street and National Avenue. Plaintiffs Dixie Sleight et al. are seeking the enforcement of deed restrictions – largely related to the prohibition of commercial development – that were implemented when University Heights was created 100 years ago. Additionally, neighborhood residents Mark and Courtney Fletcher joined the lawsuit as intervenors and represented themselves in the proceedings. Bryan Wade of Husch Blackwell LLP, the plaintiffs’ attorney, called a series of witnesses, comprising residents of the neighborhood who are plaintiffs in the case and a real estate agent identified as an expert witness because of his experience with historic homes. Sue Robinson, one of the property owners and plaintiffs, presented the first testimony in what became a theme among Wade’s witnesses: that the deed restrictions protect the character and property values in the neighborhood. “When I purchased my home, obviously it was a historic residential neighborhood. That has a tremendous amount of value to me,” she said. In his cross-examination, Fisher asked Robinson to identify where in her property deed it allows her to enforce century-old restrictions, particularly when ownership has changed in the decades since. Fisher sought to distance the current iteration of the neighborhood from when it was built. “It’s part of the common plan in the neighborhood,” Robinson said. Lisa Dixon, a plaintiff whose home is behind BK&M’s proposed development, said the construction process would create a “very negative” impact on the neighborhood. Her husband, Rod, also took the stand. “I think it’ll be the value of the property itself, and any time later if we wanted to sell, I think that would reflect on that,” he said of his opinion that the development would diminish property values. Wade called Murney Associates, Realtors agent Richard Crabtree as an expert witness due to his historical approach to the real estate business and his research into the history of Springfield’s neighborhoods. Crabtree spoke of homes within University Heights that are significant for various reasons, including residences designed by Springfield architect Carl Bissman. “Year after year, they’ve went up in value,” Crabtree said of University Heights homes. Wade asked if Crabtree’s research found whether the original creators of University Heights intended for the neighborhood to stay residential. “I don’t see how you could look at the material and come up with anything otherwise,” Crabtree said. Fisher questioned the validity of Crabtree’s See TRIAL on page 21 LET US HELP YOU SIMPLIFY Streamline your subscription. If your company has two or more subscriptions, contact us today about our Custom Corporate Subscription program. Email subscriptions@sbj.net to get started today! Available 24 hours a day, 7 days a week, including holidays, for children ages 6-17. Call 417.799.7474 for your FREE assessment today. perimeterspringfield.com PROVIDING HOPE. TRANSFORMING LIVES. Find a guiding star on your child’s behavioral health journey. Murney Associates, Realtors agent Richard Crabtree was called as an expert witness in the trial. provided by JYM WILSON FOR SPRINGFIELD DAILY CITIZEN
RkJQdWJsaXNoZXIy