Following action by the city commission this week, the city will file an appeal in a civil case which awarded $240,000 to Dwight and Connie Claassen and the Stanley L. Claassen Trust. The case involves the purchase price of land for the Kansas Logistics Park.
According to city attorney Bob Myers the city has spent approximately $125,000 to get the case through the initial trial in district court. The city and the Claassens attempted to mediate the case prior to going to court, but an agreement was unable to be reached.
"That also added some time and expense, which can be worth it if it gets a case resolved. However, in this case it did not," Myers said.
Myers told the commission this week an appeal might run another $50,000 — though that number might be a bit high.
"After checking with our outside counsel they estimate an appeal in this case will probably run more in the range of $25,000 to $30,000," Myers said.
The appeal will be taken to the Kansas Court of Appeals, and will be based upon the record which was established through the original trial. It could be a more than a year for a decision to be made by the court.
In Feb. of 2009 the city entered into a contract to purchase 120 acres from the Claassens — land the city used to create the Kansas Logistics Park.
According to the court documents, the city purchased some of the designated property in 2008 for $8,000 per acre. The city then paid the Claassens an additional $500 per acre for the land they sold the city.
After the city and the Claassens completed the sale of the original property, the city purchased another tract designated in the Claassen contract. The property, which was owned by the Walter Entz Trust, was purchased for $10,000 per acre.
The city has denied liability to pay the $10,000 rate for the Claassen property.