JONES v. CITY OF INDEPENDENCE (2023)

Missouri Court of Appeals, Western District.

Barry JONES, et al., Appellants-Respondents, v. CITY OF INDEPENDENCE, et al., Respondents-Appellants.

WD 85716 (Consolidated with WD 85734 and WD 85743)

Decided: December 26, 2023

Before Division Two: Janet Sutton, Presiding Judge, and Alok Ahuja and Mark D. Pfeiffer, Judges

Louis C. Accurso, Christopher L. Accurso, and Clayton E. Gillette, Kansas City, MO, Attorneys for Appellants-Respondents. Charles W. Hatfield and Alexander C. Barrett, Jefferson City, MO, Attorneys for Respondents-Appellants City of Independence, Missouri, Independence Power and Light, Andrew Boatright, Mayor Eileen Weir, City Council of Independence, and City of Independence Public Utilities Advisory Board. Jeffrey S. Simon, Michael S. Hargens, and Clayton Buckner, Kansas City, MO, Attorneys for Respondents-Appellants N. Harris Computer Corporation and Constellation Software, Inc., and Respondent Advanced Utility Systems.

Order

Appellants Barry Jones, Independence Sportscycle, and Nativity of Blessed Virgin Mary Catholic Church appeal on behalf of three certified classes from the Circuit Court of Jackson County, Missouri's August 25, 2022 grant of summary judgment against Appellants and in favor of Respondents City of Independence, Independence Power and Light, Andrew Boatright, Constellation Software, Inc., N. Harris Computer Corporation, Advanced Utility Systems, Mayor Eileen Weir, City Council of Independence, and the City of Independence Public Utilities Advisory Board. We affirm.¹ However, because there is no precedential value in publishing our opinion, we have instead provided the parties an unpublished memorandum of law in accordance with Rule 84.16(b).

FOOTNOTES

1. The Respondents also filed cross-appeals. Given our ruling today, those cross-appeals are denied as moot. Likewise, Respondents requested that we dismiss the Appellants’ appeal due to alleged briefing deficiencies and we deny that request.

Per Curiam:

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