A Johnson County judge last week denied a group of Prairie Village homeowners’ request for a temporary injunction that would have prevented the start of construction on the Mission Chateau senior living development on the site of Mission Valley Middle School.
Judge Thomas Sutherland ruled from the bench Friday after a hearing in which counsel for both the plaintiffs, the homeowners, and the defendants, the city of Prairie Village and MVS LLC, the holding company that owns the property, made arguments. Sutherland’s ruling opens the door for the Tutera Group to file an application for a construction permit on the project and for the city to grant it.
Sutherland set a May 8 scheduling conference for the trial surrounding the homeowners’ suit against the city, which alleges their due process rights were subverted when they were excluded from participating in a protest petition against the second Mission Chateau submission.
Brian Doerr, a plaintiff in the case whose law firm, Duggan Shadwick Doerr & Kurlbaum LLC, is representing the group suing the city, said Tuesday that the plaintiffs had no comment on Friday’s ruling.
The Tutera group has not responded to request for comment.
UPDATED: The Tutera Group sent the following statement regarding the decision:
On Friday, April 18, 2014, Johnson County District Court Judge Thomas Sutherland held a hearing on the motion for a temporary injunction filed by the MVNA members who have appealed the January 6th, 2014 approval of the Special Use Permit for Mission Chateau. MVNA members asked the Court to prevent the commencement of any construction activities on the Mission
Chateau property while the Court decides whether the City of Prairie Village properly granted the Special Use Permit.
Judge Sutherland denied the motion, ruling that the MVNA members had failed to prove any of the required elements under Kansas law. Judge Sutherland specifically stated that the MVNA members had failed to prove “a substantial likelihood of eventually prevailing on the merits” of their appeal.
Mission Chateau’s owner, MVS LLC, is pleased with the ruling and looks forward to a complete resolution of the MVNA members claims.