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 will get their day in court eight months from now.
On Nov. 3, Circuit Court Judge Daniel G. Pelikan ordered the eight-day jury trial to start at 8:30 a.m. on July 21, 2021, with a pre-trial set for 1:30 p.m. on July 1, 2021.
That trial date is one day later than the tentative date of July 20, 2021, that was discussed and reported previously.
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 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, which is located 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.
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.