Fri, Nov 27 2009
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Published May 20, 2009 10:52 pm - LAMAR, Mo. — Citing a failure to proceed with a condemnation hearing for the former O’Sullivan Industries plant, the property’s mortgage holder has filed a motion to dismiss the city of Lamar’s lawsuit seeking to acquire the land and building. Wachovia seeks dismissal of suit involving former O’Sullivan plant
By Greg Grisolano ggrisolano@joplinglobe.com LAMAR, Mo. — Citing a failure to proceed with a condemnation hearing for the former O’Sullivan Industries plant, the property’s mortgage holder has filed a motion to dismiss the city of Lamar’s lawsuit seeking to acquire the land and building. The attorney for Wachovia Bank stated that the pending action “casts a cloud upon the title” to the property and may cause interested buyers to back off. “The subject property has stood blighted for more than 18 months; more than a year has passed since the city authorized the acquisition of the subject property; and this action has been pending for more than five months with no substantive action whatsoever,” the motion stated. The motion requests that the suit be dismissed with prejudice, meaning it could not be filed again, and that the city pay Wachovia’s attorney fees, costs and other unspecified damages. David M. Fedder, a St. Louis attorney representing Wachovia, did not immediately return a phone call seeking comment Wednesday. The city filed a motion in December of last year to obtain the property via eminent domain, according to court records. City Administrator Lynn Calton said those efforts were initiated to advance a sales agreement between the city and a developer, 1900 Gulf Street Partners LLC, of Dallas, Texas. As for the court hearing, “We’ll have to wait and see if they’re successful in (getting the suit dismissed),” Calton said. “Unless the judge dismisses with prejudice, we can refile.” A hearing on the matter had been scheduled in February, but Calton said the city requested a continuance. “We just wanted to work out some issues with a potential developer,” he said. “Those issues are still pending.” Calton deferred to Mayor Keith Divine to discuss those matters. Divine did not return messages left at his home and on his cell phone Wednesday. 
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