Judge clears West Park Mall redevelopment with limits on access road changes

FOX23 News at 9 p.m

CAPE GIRARDEAU, Mo., (KBSI) — River City Centre LLC may move forward with its proposed property redevelopment, but it cannot block access promised to neighboring property owners in a decades-old deed, a judge has ruled.

Judge Michael Pritchett issued the ruling Monday in a lawsuit filed by Timothy Drury and several other property owners.

The property owners argued that older development documents restricted what River City Centre could build on its property. Pritchett ruled those documents do not create enforceable restrictions on the redevelopment.

However, the judge agreed that the proposed project would interfere with an access easement established in an April 29, 1980, deed. An easement gives someone the legal right to use part of another person’s property, often for a road, driveway or other access.

The ruling means River City Centre is not prohibited from redeveloping the property under the older development documents, but its plans must continue to provide the access guaranteed by the deed.

The judgment followed an April 8 bench trial. Court records do not indicate whether either side plans to appeal.