Developers of the Branson Landing are hoping a nearly decade-long court case will soon end, allowing them to build additional retail space in the area.

Rick Huffman, CEO of HCW Development, said his company is ready to move forward on construction of 30,000 square feet of new retail and restaurant space north of the Landing, provided they can get title insurance.

Were just a tenant, he said. We pay rent to the city every year, but we cant build because we cant get title insurance. Its like owning a home that you cant live in.

Legally, ownership of the land has been in question thats been the hang up in the lawsuit between the city of Branson, Empire District Electric Co. and Coverdell Enterprises, since 2003, with the story behind the land going back much further.

Douglas Coverdell and Coverdell Enterprises claim ownership of North Beach Park and a portion of Branson Landing, property of which Empire District Electric Co. and the city of Branson have claimed ownership for years.

In January 2010, a Taney County jury ruled in favor of Coverdell and against Empire, which for years leased the North Beach Park area to the city. The legal description in the ruling included not only North Beach Park, however, but a portion of Branson Landing, including the Belk building, the north Branson Landing parking lot and two undeveloped areas often used for overflow parking.

On June 3, 2011, the Missouri Southern District Court of Appeals reversed the January 2010 ruling on the 27 acres of land along Lake Taneycomo, stating the decision was in error.

Coverdell had hoped the Supreme Court would review the case, but his application was denied at the end of August 2011.

Since then, Coverdell has appealed the decision, but the company also filed for Chapter 11 protection in June. It was later changed to a Chapter 7 bankruptcy, which typically results in liquidation of company assets.

Huffman said theyre hoping that the pending bankruptcy decision leads judge Gerald McBeth to dismiss Coverdells case and claim to the land.

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Land dispute could soon end

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October 3, 2012 at 8:19 am by Mr HomeBuilder
Category: Retail Space Construction