By Debby Woodin
dwoodin@joplinglobe.com
Two members of a Joplin family have filed a lawsuit against the City Council and a local mortuary, asking a judge to void the city’s action approving a permit that allows the mortuary to operate a crematorium.
The lawsuit was filed in Jasper County Circuit Court by G.W. Jackson, 1710 S. Joplin Ave., and his son, Ryan Jackson, 1729 S. Wall Ave. It names Mayor Jon Tupper, all City Council members and Huddleston Mortuary Inc., doing business as Parker Mortuary, 1502 S. Joplin Ave.
In the petition, the Jacksons allege that the city’s Planning and Zoning Commission, and the council failed to follow zoning regulations in granting the permit, and that they wrongfully tossed out petitions of protest filed by residents objecting to the operation of the crematory in a neighborhood the Jackson’s contend is otherwise zoned for residential use.
The Jacksons did not return a telephone message seeking comment that was left at the office of their business, Railroad Salvage and Restoration, 1715 S. Joplin Ave.
Tom Keckley, an owner of Parker Mortuary, said, “I’m growing weary of the issue, and I really have no comment.”
The mayor said he would not comment on the lawsuit and referred questions to the city attorney.
City Attorney Brian Head said: “We have received it, and we have done a preliminary review of it. It appears to me to be procedural items that they are complaining about. The city believes the lawsuit is without merit, and the city will defend itself vigorously.”
The Jacksons hired the Danna McKitrick firm in St. Louis to file the lawsuit. The lawsuit lists four attorneys from the firm as representing the Jacksons.
The McKitrick firm is the same one that members of the Joplin Police and Firemen’s Pension Board recently hired to represent the board on the issue of underfunding of the pension fund.
The lawsuit also lists Bradley R. Barton, a lawyer with the local firm of Whitworth, McPherson and Longnecker, as local counsel on behalf of the Jacksons.
The Jacksons led a campaign against the crematory proposal that included buying newspaper and television advertising, and hiring or securing attorneys and environmental consultants to help present their arguments against the operation.
The Jacksons contended before the Planning and Zoning Commission and the City Council, and now in the lawsuit, that the crematory operation would devalue property in the area.
The lawsuit lists 19 pieces of property owned by the Jacksons in the 1700 blocks of Joplin and Wall avenues, the 1500 block of Wall Avenue, the 1600 and 1800 blocks of Joplin Avenue, and the 200 block of 17th Street.
The Jacksons allege that the zoning board was wrong to disregard petitions of protest that were presented at a Dec. 10 meeting on the issue. Neither the zoning board nor the council accepted the petitions. The city staff at the time said the petitions were not properly signed or notarized as required by zoning regulations.
The Jacksons’ lawyers contend in the lawsuit that the zoning regulations “do not require any particular form for protest petitions.”
The lawsuit also alleges that the zoning board did not give the required 15-day notice of the Dec. 10 hearing, and that the board did not make written findings to pass on to the council as part of the basis for making a decision.
No claims are made in the lawsuit that crematories pollute or cause odors, as the Jacksons had contended at the meetings and in advertisements they purchased for their cause.
One of the council members involved in the decision, Bob Harrington, came under fire at Monday night’s council meeting when council members debated whether he should be reprimanded for having allowed Ryan Jackson to collect voter signatures for Harrington’s re-election filing during the time that the crematory issue was pending with the city panels.
The council voted 6-2 on a motion to reprimand Harrington, but the question failed because it required seven affirmative votes to pass.
When the council approved the crematory request on Jan. 7, Harrington was one of two members voting against the permit.
Ryan Jackson lost an election bid to serve on the council in 2006.
Court action
The Jackson lawsuit will be heard by Circuit Judge David Dally in Jasper County Circuit Court. No hearing date has been set.
