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Boonville Daily News - Boonville, MO
  • Schlotzhauers pursue legal action against Boonville

  • Schlotzhauers pursue legal action against Boonville
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  • Legal action by Larry and Warren Schlotzhauer has been pursued against the City of Boonville, Hayes Murray, Ned Beach, Mike Kelley and Noah Heaton regarding the October 15 city council meeting that resulted in the Park Hills Minor Subdivision re-platting being voted down. There are two counts to their legal action. In the first count the Schlotzhauers are in a pursuant of a Writ of Mandamus, asking the courts to overturn the decision by the city council at the October 15 meeting. The statement of facts states the Schlotzhauers did everything legally to get the re-platting passed. They say legally the council should not have voted against the re-platting. In the second count, the Schlotzhauers claim a violation in the due process of law. Since they have a property interest, it is protected by the Fourteenth Amendment of the United States Constitution. It states that since they were in compliance with the minor subdivision ordinance and regulations of the Municipal Code of the City of Boonville, it should have been approved. The Schlotzhauers are also claiming Hayes Murray and Ned Beach had a conflict of interest since they own land near the planned minor subdivision. They claim neither of these individuals should have voted on this matter. They also state Beach should have declared his conflict of interest. In a prepared statement read at the October 15 Boonville City Council meeting, Mike Kelley read a statement that the Schlotzhauers claimed was in violation of their 'due process rights'. The Schlotzhauers claim Heaton's prepared statement at the city council meeting also violated their due process. The Schlotzhauers are asking the courts overturn the council's decision and rule in favor of them. They are also asking conduct by Murray, Beach, Kelley and Heaton be declared in violation of of realtors substantive and procedural due process rights. In addition to legal fees, they are also asking for damages yet to be determined by the courts.
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