County Commissioners at Odds with Kansas City over Annex

Once again, Clay County believes it’s above the law as Commissioners threaten legal action against Kansas City for issuing a cease and desist order on construction of a $20 million annex. The new annex has been a pet project for County Commissioners Gene Owen and Luann Ridgway for over a year, and has caused an outcry from citizens because the county already runs a viable annex building, and the Commissioners have authorized large bonds without consent of voters.

Kansas City Planning and Zoning issued a stop order as crews cleared land for the annex

The Kansas City Planning and Zoning Department slapped the county with a stop work order last week as crews started clearing land at Missouri Highway 152 and North Brighton Avenue. Planning and Zoning inspectors claim they didn’t authorize clearing or construction permits to the county or contractors hired by the county.

In retaliation to the Kansas City stop order, Clay County issued another unsigned press release that said the county believes Kansas City has “no jurisdiction over Clay County and its projects,” and will have counsel file suit to remove the order. The county hired outside counsel Lowell Pearson of Husch Blackwell LLP, who sent a letter to Kansas City threatening legal action if officials don’t allow work to continue.

Pearson believes that Kansas City’s stop order was wrongfully issued citing a precedent that a county has jurisdiction over construction it’s buildings, as well as a land disturbance permit from the Missouri Department of Natural Resources that gives the county justification to proceed with the project without city permits. Kansas City officials advised the county that the matter would be turned over to their enforcement division if Clay County continues without the proper permits.

This is the latest issue to appear in a long line of problems with the new annex. The annex seems to have county wide opposition except for Commissioners Ridgeway and Owen who continue to push forward on the project. The duo has approved every action regarding the construction of a new annex while outvoting Presiding Commissioner Jerry Nolte and ignoring his questions and concerns. In April they approved a measure giving Commissioner Owen power to approve all decisions, sign contracts relating to construction, and give full spending authority while forgoing public discussion. Ridgeway and Owen also seem to ignore voters’ concerns that have charged the Commissioners with secret back-room meetings and under-the- table deals.

Commissioner Nolte has been very clear that he wants all annex work halted. He has indicated that he wants the incoming commission to decide whether and how to move forward with construction. Voters will be selecting two new commissioners in the November election as Commissioners Gene Owen and Luanne Ridgeway are not seeking reelection.

Nolte said Kansas City’s cease and desist order shows why the commission should have acted on his call to wait until after the election to decide all annex questions. “This should make us pause and really consider what we’re doing out there,” Nolte said. “Government cannot be above the law. We just can’t.”

KPGZ News – Brian Watts contributed to this story