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2021 trial date set for O’Day Park lawsuit

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.”  They finally might get their day in court nine months from now.

On June 8, 2020, the plaintiffs’ attorney James Beal told Mid Rivers Newsmagazine, “Everything has been on hold (in the wake of COVID-19). I’m working on a scheduling order that will get us to a trial next fall (2021).”

The case then languished due to continued shut-downs and slow-downs in the Circuit Court. But in early September, a flurry of actions by the court and Beal resulted in his request that the case be set for a jury trial.

On Oct. 19, Beal told Mid Rivers Newsmagazine, “I sent a letter to each plaintiff. There is a trial date set for July 20, 2021. Between now and then, discovery will take place. I anticipate that the case will go on that date, as opposed to being continued.”

Per LegalDictionary.net, inverse condemnation is “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 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.

According to plaintiff allegations, the design and construction of O’Day Park directly and proximately has caused:

  • Deforestation of the park, which causes further deforestation of the surrounding properties.
  • Water diversion that erodes, destroys, devalues and wastes plaintiffs’ properties.
  • Unnatural light that shines on plaintiffs’ properties for prolonged periods.
  • Increased noise levels; increased vehicle and pedestrian traffic.
  • The unnatural and significant accumulation of trash and the corresponding smells of trash in close proximity to the plaintiffs’ properties.
  • The disturbance of each plaintiff’s peace; the destruction of each plaintiff’s quiet enjoyment of their homes.

The plaintiffs are seeking financial and other relief from the alleged damage caused by the construction of O’Day Park.

As a matter of policy, the city of O’Fallon does not comment on active litigation.

In the Missouri Courts system the case number is 1911-CC01159. More case information can be found online at www.courts.mo.gov/casenet by searching the case number.

Mid Rivers Newsmagazine had published detailed stories about this lawsuit on Jan. 3, June 14, and Sept. 15, 2020.

O’Day Park layout [City of O’Fallon graphic]
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