Fisk Properties files suit against city

Fisk Properties LLC filed suit against the city of Springfield over a permit for land it owns on the southwest side.

The Nov. 25 lawsuit states Fisk Properties was unfairly denied a driveway permit as part of plans to build a residence on the vacant 777 W. Katella St. property. Surrounded by other homes, the property is accessible only through a small strip of land in the Parkcrest neighborhood.

Fisk Properties alleges city officials provided assurances regarding the driveway permit prior to the company's purchase of the property. However, the lawsuit claims the permit was denied after the company purchased the land, with city officials citing code requiring a driveway's nearest edges to be at least 5 feet away from a property's boundary line.

The lawsuit states that the "denial of the driveway permit prohibits plaintiff from accessing the property or utilizing the property in any economically meaningful way" and that "application of the ordinance is unreasonable." Further, the lawsuit indicates denial of the permit constitutes a taking of the property by the city under the Missouri Constitution.

According to the suit, damages from the taking of the property equate to the fair market value of more than $30,000. In a second count seeking a declaratory judgment, Fisk Properties is asking the court for approval of the permit.

City spokesperson Cora Scott, who provided a copy of the lawsuit to Springfield Business Journal, declined to comment. She cited a precedent of not commenting on pending or active litigation.

The suit filed in Greene County Circuit Court is signed by Howard Fisk on behalf of Fisk Properties. Neale & Newman LLP is representing the company.

The Katella Street property previously was the subject of a complaint filed by a whistleblower who alleged Fisk Properties was delinquent in payment of property taxes, according to past SBJ reporting.

Springfield City Council recently ended an investigation into Councilperson Jan Fisk over conflict-of-interest allegations related to J. Howard Fisk Limousines Inc. Allegations also have involved private interest in Galloway Village blight legislation and unpaid tax payments on properties Fisk owns with her husband and son, according to past reporting.