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Lawsuit against O’Fallon alleging damages caused by O’Day Park delayed

On Nov. 25, 2019, six O’Fallon property owners filed a lawsuit in St. Charles County Circuit Court against the city of O’Fallon, alleging six counts of “inverse condemnation.” 

Asked about case status on June 8 in the wake of COVID-19, plaintiffs’ attorney James Beal told Mid Rivers Newsmagazine that everything is on hold.

“I’m working on a scheduling order that will get us to a trial next fall [2021],” Beal said. “I am going to be sending all parties a letter this week with status.”

The plaintiffs are Robert Bystrom, C.E. and Susan Faron, Vicki Faron and Eric Heumann, Roger Russell, Kim Ann Ryba [d/b/a Stonebridge Stables], and Mike Tessereau. All have property adjacent to or near O’Fallon’s O’Day Park off St. Charles County Route DD, near I-64.

The lawsuit was assigned case number 1911-CC01159. The plaintiffs’ attorney is James Beal, from the Clayton law firm of Rogers Sevastianos & Bante, LLP.  The only action to-date had been a summons served on the city of O’Fallon.  Attorneys assigned to the case by the city were Alan Margo [attorney for the defendant], Helmut Starr [co-counsel] and Kevin M. O’Keefe [co-counsel].

Per LegalDictionary.net, inverse condemnation is defined as: “The taking of land, by a government entity, without providing just compensation.” or “A legal action brought against a government entity for the taking of private property without formal or proper exercise of eminent domain.”

The six counts are all the same, where each plaintiff is seeking financial and other relief from alleged significant damage due to the construction of O’Day Park.

Mid Rivers Newsmagazine had published a detailed story about this lawsuit on Jan. 3, 2020.

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