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O’Day Park lawsuit dismissed

On Nov. 25, 2019, plaintiffs’ attorney James Beal filed a lawsuit against the city of O’Fallon alleging six counts of “inverse condemnation.” 

The six counts all are the same, where each plaintiff is seeking relief from alleged significant damage to their property due to the construction of O’Day Park.  The lawsuit was filed in St. Charles County Circuit Court, 11th Judicial Circuit.

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 were 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 near or adjacent to O’Fallon’s O’Day Park located off St. Charles County Route DD, near I-64.

The case was delayed significantly in 2020 due to the COVID-19 pandemic and resulting challenges in the circuit court’s ability to handle cases. Then on Nov. 3, 2020, Circuit Court Judge Daniel G. Pelikan ordered an eight-day jury trial to start at 8:30 a.m. on Wednesday, July 21, 2021. A pre-trial was set for 1:30 p.m. on Thursday, July 1, 2021.

On June 28, 2021, at the plaintiffs’ request, the judge dismissed the case without prejudice, meaning the case is not blocked from being filed again.

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