Radio group files suit in Christian County land dispute

Springfield attorney Rodney Nichols with Carnahan, Evans, Cantwell & Brown PC said the broadcast group’s parent company, MW SpringMo Inc., has owned the 50-acre site near Clever since June 1992, but Amy Kern contends she purchased the property at a public auction in August 2001 for $84.

In a Jan. 31 letter to Midwest Family Broadcast Group, Springfield attorney Bob Sweere of Moon, Plaster & Sweere LLP asserted that Kern was the rightful owner of the property and enclosed a copy of the collector’s deed as proof. Kern has offered to lease the property to Midwest Family Broadcast Group for the existing tower.

Midwest Family Broadcast Group operates four FM radio stations in southwest Missouri: KOSP Oldies 105.1, KOMG 92.9 Bass Country, KKLH 104.7 The Cave, and KQRA Q102. Nichols said the transmission tower on the property in question is necessary for his client’s daily broadcasts.

Nichols said his client believes it has paid every tax statement received from the county, despite the fact that the property was sold at public auction for an alleged failure to pay property taxes in 1999 and 2000. The radio group has challenged the sale in a suit filed in Christian County Circuit Court.

“Our position is that the sale was done improperly … and that (Kern) has no interest whatsoever in the property,” Nichols said. “We didn’t feel like paying rent on property we own.”

But Sweere said Kern purchased the property legally at a tax sale that was publicized in a published legal notice.

The suit is headed to a July 18 trial before Circuit Judge Mark Orr unless the parties reach a settlement, but that doesn’t appear likely.

“Maybe they’ll come to their senses and make some decent settlement offer,” Sweere said. “If everybody’s reasonable, then the lawsuit will settle. … If they’re wanting to pay us a fair rent to keep their tower there, we’ll be glad to accept.”

See SBJ’s April 9 issue for more about the property dispute.