Archive for Wednesday, July 4, 2001

Judge dismisses injunction

Controversial commercial development loses access to water service

July 4, 2001

A local couple is no closer to opening their business today than they were several months ago.

Gayle and John Innis, owners of the All About Dreams gymnastics studio, suffered yet another setback to their business, this time in Leavenworth County District Court.

The gymnastics studio is without water service and the couple has discussed moving to another location because of the financial strain the delay in opening has caused.

On Monday, July 2, Leavenworth County District Court Judge David King dismissed an injunction against Consolidated Rural Water District No. 1.

The petition was filed on behalf of developer David Scott, owner of the Highview Industrial Park, which houses the gymnastics studio.

Scott filed the injunction in order to obtain temporary water service to the Innis's building.

In his ruling, King agreed with the water company, saying it does not have to provide service to everyone in the water district. Consolidated Rural Water District No. 1 Manager Lois Fulkerson said the company has a bylaw that states the company can refuse service to anyone.

During the hearing, King listened to conflicting testimony from Scott and Fulkerson regarding thebmission of plans for Scott's development.

It was Scott's contention that the water company had been stalling on the building of water lines to the development. He had hoped to obtain the temporary water service so the Innis's could occupy the building.

Fulkerson said the water company has never allowed temporary water service to any business. The holdup on the water lies with the developer and not with the water company, Fulkerson said.

"We want to get water to the building," Fulkerson said. "That is our business. We would have an engineer on it as soon as we had approved plans."

In order for the water company engineer to begin designing water lines for the development, the water company must have the Basehor City Council's approval of street plans for the development, Fulkerson said.

The street plans are necessary so the engineer can see the location of road right-of-ways, street elevation and easements.

The recent courtroom setback might have been the best option for the development to gain water service anytime soon. The Basehor City Council agreed to place the development on the agenda for a July 9 work session, if Scott completed a list of items provided by the former city engineer as well as the current city engineer.

Former City Engineer Cecil Kingsley cited 19 items that needed to be improved before the city council could approve the development. Kingsley resigned on June 15 and was replaced by Interim City Engineer Joe McAfee.

Upon his review, McAfee listed an additional 30 items that would have to be completed by Scott. City officials said the items ranged anywhere from minor to major structural improvements.

City officials said it is unlikely that Scott will be finished with all of the improvements by the July 9 work session, although the development remains on the agenda.

Scott's attorney, Eldon Shields, said he did not know if there would be any future court proceedings regarding the development.

"We will evaluate this recent litigation and try and get this matter resolved," Shields said.

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