MARYVILLE, Mo. — On Nov. 26, just four days after a hearing between the city of Skidmore and one of its residents, Rick Stanton, Judge Corey Herron granted the city of Skidmore’s request for summary judgment in the case brought by Stanton.
Stanton had alleged the city was selectively prosecuting him for property blocking an alleyway.
In his petition he claimed the city ordinance was unconstitutional and unenforceable, saying that the city failed to enforce said ordinance against other city residents and that the alley had been abandoned by the city.
Skidmore attorney Jean Maneke argued in November that the constitutionality of the ordinance was improperly timed and that the enforcement of the ordinance was irrelevant.
Judge Herron dismissed Counts 1 and 2 and also found in favor of Skidmore on Count 3, according to online court documents.
Count 3 did not depend on the validity of the ordinance, Herron said, it already has been determined by a matter of law to be incorrect. Herron told Stanton in November that the city cannot relinquish ownership of property by inaction and it had taken no action to do so.
All other motions filed and pending in this matter were denied, according to court documents. Each party is responsible for their own costs and attorney’s fees, and a copy of the judgment had been mailed to Stanton.
What this means for the city and its next steps are unclear. The Board of Aldermen had previously considered hiring a hauler to remove Stanton’s property from the alley. It is unknown whether or not that still is the plan.
The city of Skidmore elected to decline The Forum’s request for comment. The board’s regularly scheduled meeting is set for 6:30 p.m. on Thursday, Dec. 12 at Newton Hall, 202 W. Elm St. in Skidmore.