United States District Court, W.D. Missouri, Central Division
NANETTE K. LAUGHREY UNITED STATES DISTRICT JUDGE.
Camden County Commission and Commissioners Greg Hasty,
Beverly Thomas, and Don Williams move to dismiss Counts II
and III of the First Amended Petition. Doc. 90. Plaintiff
Peterson moves for leave to file a Second Amended Petition.
Docs. 101 and 101-1. The motion to dismiss is granted. The
motion for leave to amend is denied.
relevant to Counts II and III, Peterson alleges in the First
Amended Petition that the Camden County Commission has
statutory authority to vacate roadways pursuant to Mo. Rev.
Stat. § 71.270.1. Doc. 54, p. 8, ¶ 33. The statute
provides that upon petition, the Commission may vacate a
roadway marked on a subdivision's recorded plat.
Id. Notice of hearing on the petition must be
published in the local newspaper at least 15 days prior to
presentation of the petition to the Commission. §
71.270.1-.2. The Commission may enter an order vacating the
roadway “[i]f no person interested in [the] subdivision
shall appear and show cause why” the roadway should not
be vacated. § 71.270.3. An order vacating a roadway
shall be filed with the office of the county recorder if
requested by the Commission. § 71.270.4.
2004, a petition was filed with the Camden County Commission,
to vacate a roadway in the Purvis View subdivision, which has
a recorded plat. Notice of public hearing on the petition was
published in the local newspaper on December 15, 2004. A
public hearing was held on January 3, 2005 and no interested
person appeared in opposition to the petition. Camden County
Commissioners Carol Loraine, Beverly Thomas, and Thomas Gumm
granted the petition and issued an order vacating the roadway
on January 4, 2005. The order was certified by the County
Clerk and filed with the Recorder of Deeds the same day.
bought property in the Purvis View subdivision in May 2015.
Doc. 54-1 (Warranty Deed).
Count II of the First Amended Petition, Peterson asks the
Court to find that the Commission's 2005 order is void
because sufficient notice of the petition was not given;
§ 71.270 did not authorize the roadway at issue to be
vacated; and the Camden County Commission did not follow
notice procedures provided under the Missouri Administrative
Count III, Peterson asks that the Camden County Defendants be
ordered to follow Mo. Rev. Stat. §536.067, which
provides for notice in proceedings for review of contested
moves for leave to file his proposed Second Amended Petition
• substitute “Camden County” for the
“Camden County Commission”;
• add Camden County Commissioners Carol Loraine and
Thomas Gumm as defendants in their individual capacities;
• replace Count III with an amended Count III seeking
declaratory and injunctive relief, and new Counts IV and V
seeking damages; and
• substitute “Union Electric Company d/b/a Ameren
Missouri” for “Union Electric Company d/b/a
AmerenUE” and, in the caption of the pleading, move
Union Electric from the section listing the ...