Downtown property owner appeals streetcar lawsuit dismissal

A Downtown property owner on Wednesday filed another appeal of a dismissal of her lawsuit challenging the streetcar system.

The latest appeal comes after a three-judge panel of the appeals court in Kanas City ruled a Jackson County judge acted correctly in dismissing the lawsuit.

Sue Anne Burke asks the case be reheard by the entire appeals court or transferred to the Missouri Supreme Court.

Jeffrey Rumaner, another property owner on the lawsuit challenging the streetcars, is not part of the latest appeal.

He and Burke filed their lawsuit this year after voters approved the transportation district for the two-mile streetcar line.

Jackson County Circuit Judge Peggy Stevens McGraw dismissed the lawsuit, ruling they should have appealed last year after Judge Charles Atwell heard arguments on the matter and ruled on the issues, allowing the vote to go forward.

Burke and Rumaner appealed McGraw’s dismissal. The appeals court panel upheld McGraw’s ruling.

The appeals panel ruling stated, “We also conclude the Appellants could have and should have, raised their claims in the Formation Lawsuit (that Judge Atwell ruled on last year.)”