Phase 2 streetcar to UMKC

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flyingember
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Re: Phase 2 streetcar to UMKC

Post by flyingember »

flyingember wrote:
Fri Jan 24, 2020 7:09 pm
WD82459

It appears the case was finally heard yesterday.

A little over 1 year from filing the appeal
https://www.courts.mo.gov/file.jsp?id=149735

There's 18 pages of detail, but this should do it. The KCATA won the appeal. I won't put last names, open the document if you care.
The trial court determined that the KCATA owns the property at issue in fee
simple, the *lastname* did not acquire title to the property by adverse possession, and the
*lastname*’ affirmative defenses of laches, waiver, and estoppel were inapplicable to the “issues in
this case.” Finding no error, we affirm.

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KCPowercat
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Re: Phase 2 streetcar to UMKC

Post by KCPowercat »

Everybody and their mother knows this is about Sherry's property lol

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Re: Phase 2 streetcar to UMKC

Post by flyingember »

KCPowercat wrote:
Fri Feb 14, 2020 4:00 pm
Everybody and their mother knows this is about Sherry's property lol
She uses a different professional name from her actual name.

Appeals process from here
https://www.courts.mo.gov/page.jsp?id=6743

It appears that after the option has been filed (Feb 4) there's 15 days to file a request for a rehearing or to transfer to the state supreme court.
If this is done and the appeals court denies it there's 15 days from the denial to put in a request directly to the state supreme court

It's currently day 10 for the first part

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Re: Phase 2 streetcar to UMKC

Post by TrolliKC »

I hope it's costing her... Greed and arrogance

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Re: Phase 2 streetcar to UMKC

Post by alejandro46 »

There is NO way the MO SC would hear this case I think. There is no unique question of law or fact here.

Adverse possession is a fun question back on my law school tests. "Owner X was knowingly and deliberately mowing and putting fencing around Y's land for 30 years, Y who didn't know about it etc. etc. It's a fun concept.

However, it's common knowledge that you cannot adversely possess government land. The government can't actively dissuade people from encroaching and 'possessing' all of the land it has title to - people would be trying to take land through this method left and right and it would be a major burden on the government. This lawsuit was BS from the beginning and most other attorneys should have told her she did not have a strong case.

missingkc
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Re: Phase 2 streetcar to UMKC

Post by missingkc »

And, of course, we know that a rancher in - I think it was Wyoming - did try to claim federal land that his family had grazed cattle on for a couple of generations. It went badly for the family in the long run.

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im2kull
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Re: Phase 2 streetcar to UMKC

Post by im2kull »

Her argument, and actions preceding the argument, are so terribly unethical that she should be disbarred. Believe it or not the state bar does require ethical conduct to associate as a licensed lawyer in Missouri. People like this should not be allowed to practice law. Ever.

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Re: Phase 2 streetcar to UMKC

Post by Anthony_Hugo98 »

missingkc wrote:
Sat Feb 15, 2020 3:33 pm
And, of course, we know that a rancher in - I think it was Wyoming - did try to claim federal land that his family had grazed cattle on for a couple of generations. It went badly for the family in the long run.
I’m pretty sure upon further investigation, it was found that the government had illegally seized the land from that family though, through no due process and with no appeals process, so a little bit more of an apples to oranges deal there.
For all my military brothers and sisters out there, thanks for paving the way, ill do my best! AIRBORNE!

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Re: Phase 2 streetcar to UMKC

Post by moderne »

Hearing in the House in Jeff City Feb 25 on republican bill to strip the mail in vote provisions out of the Transportation Development District Statute.

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Re: Phase 2 streetcar to UMKC

Post by DaveKCMO »

moderne wrote:
Fri Feb 21, 2020 4:20 pm
Hearing in the House in Jeff City Feb 25 on republican bill to strip the mail in vote provisions out of the Transportation Development District Statute.
Fine with me. We're done here. But if they want to make the process easier or "fairer" they should just eliminate the notary requirement for all mail-in elections.

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Re: Phase 2 streetcar to UMKC

Post by normalthings »

HDR and KC Streetcar Constructors won the bid to build the extension.

Per city council docket:
Authorizing the Director of Public Works to execute a construction manager at-risk contract with KC Streetcar Constructors for the Kansas City Streetcar Main Street Extension project that includes Phase I ‐ Preconstruction Services in the amount of $2,700,000.00 and, subject to appropriation of funds and successful negotiation of a Final Guaranteed Maximum Price, Phase II Construction Services; and authorizing an agreement with HDR in the amount of $4,709,672.00 for design work for the Kansas City Streetcar Main Street Extension project.
http://cityclerk.kcmo.org/LiveWeb/Docum ... 2b1njnFJWC

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Re: Phase 2 streetcar to UMKC

Post by Major KC Fan »

Are these the same companies that built Phase 1? Hope so as it seems they did a good job considering the complexities of building on occupied streetscapes.

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Re: Phase 2 streetcar to UMKC

Post by DaveKCMO »

Major KC Fan wrote:
Tue Mar 31, 2020 10:04 am
Are these the same companies that built Phase 1? Hope so as it seems they did a good job considering the complexities of building on occupied streetscapes.
Yes. KC Streetcar Constructors was/is a joint venture between Stacy & Witbeck and Herzog Contracting (which itself is a separate arm from Herzog Transit, which operates the streetcar). They've worked together on other streetcar projects.

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Re: Phase 2 streetcar to UMKC

Post by normalthings »

DaveKCMO wrote:
Tue Mar 31, 2020 12:34 pm
Major KC Fan wrote:
Tue Mar 31, 2020 10:04 am
Are these the same companies that built Phase 1? Hope so as it seems they did a good job considering the complexities of building on occupied streetscapes.
Yes. KC Streetcar Constructors was/is a joint venture between Stacy & Witbeck and Herzog Contracting (which itself is a separate arm from Herzog Transit, which operates the streetcar). They've worked together on other streetcar projects.
Does this ordinance passing mean KC SC and HDR are off to the races?

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Re: Phase 2 streetcar to UMKC

Post by langosta »

Major KC Fan wrote:
Tue Mar 31, 2020 10:04 am
Are these the same companies that built Phase 1? Hope so as it seems they did a good job considering the complexities of building on occupied streetscapes.
yes and it looks like they are the only ones who bid on this project.

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Re: Phase 2 streetcar to UMKC

Post by DaveKCMO »

No one is off to the races until the federal grant is approved.

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Re: Phase 2 streetcar to UMKC

Post by langosta »

DaveKCMO wrote:
Tue Mar 31, 2020 6:19 pm
No one is off to the races until the federal grant is approved.
Hopefully coming this year or no?

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Re: Phase 2 streetcar to UMKC

Post by DaveKCMO »

The grant is still anticipated in 2021. If it comes earlier, that would be appreciated.

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normalthings
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Re: Phase 2 streetcar to UMKC

Post by normalthings »

I find it interesting that the TDD is expected to raise about $360 million in the next 20 years for the capital project. Over half of these funds will go to debt service. I wish we had the foresight to institute a MAPS 3 type fundraising campaign to "pre-pay" for these types of projects.

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Re: Phase 2 streetcar to UMKC

Post by DaveKCMO »

normalthings wrote:
Wed Apr 01, 2020 10:57 pm
I find it interesting that the TDD is expected to raise about $360 million in the next 20 years for the capital project. Over half of these funds will go to debt service. I wish we had the foresight to institute a MAPS 3 type fundraising campaign to "pre-pay" for these types of projects.
It's a cultural thing. OKC is much more conservative and that was the only way they could get that program done. KCMO, by contrast, is a bit more liberal with debt.

If we do a regional effort that's not as KCMO focused, I could see PAYGO being used for BRT or other non-rail projects.

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