The recent court findings by a Taney County jury in the dispute over property in Branson’s North Beach Park and Branson Landing has Empire District Electric Co. and the City of Branson claiming there was a “mistake”, however, Empire District and the City of Branson’s sudden, public outcries have left those present for the trial ,including myself, a bit bewildered and others trying to figure out just how far big business and big government will go to interrupt the individual rights of real property ownership.
In 2003, Empire District filed a quiet title lawsuit claiming ownership of the property against Coverdell and Coverdell Enterprises, Inc. On January 14, a jury ruled against Empire District and found that Mr. Coverdell and Coverdell Enterprises are the rightful owners of the property.
Now, after the jury’s decision, Empire District and the City of Branson have claimed that they were “surprised” to learn the court’s judgment included the Branson Landing area, they claim to believe that only the North Beach Park property was at issue in the lawsuit. Court records, however, demonstrate a totally different story, a story that reveals the truth.
The lawsuit that Empire District brought, refers to two different deeds describing both the Branson North Beach Park and the Branson Landing property at issue. These deeds were introduced into evidence at the trial as Empire District’s own exhibits marker Exhibit TT and Exhibit UU. The judgment includes verbatim the same legal description of the property that Empire District introduced at trial and brought into the suit seven years ago.
Transcripts from the trial also show that Empire District’s corporate representative, and Empire District’s attorney, agreed in open court that if the jury ruled against Empire District then Coverdell and Coverdell Enterprises, Inc. would own the Branson North Beach Park property and the Branson Landing property. The same Branson Landing property that Empire District and the City of Branson now claim was not at issue in the lawsuit.
The court documents reflect that Branson reached a similar agreement with Coverdell and Coverdell Enterprises, Inc.. When Empire District filed the lawsuit in 2003, it also named the City of Branson as a defendant, claiming ownership of certain property in the North Beach Park area. The City of Branson and Coverdell reached an agreement that Coverdell would not dispute Branson’s claim to its property and Branson, in exchange, would not dispute Coverdell’s or Coverdell Enterprises, Inc. ownership or the land in their deeds.
In 2004, the City of Branson’s claims went to trial and the judge ruled against Empire District. The City of Branson dismissed its claims against Coverdell and Coverdell Enterprises, Inc..
Other court records show Empire District and the City of Branson as well as others have, in fact, been on notice of the existence of the dispute over the property for many years. Mr. Coverdell received title to the property from Tori, Inc.. Tori, Inc. acquired the property in 1972. Tori, Inc. filed a series of lawsuits to quiet the title against Empire District dating back as far as the 1970’s and continuing into the 1980’s and 1990’s.
Neither Empire District nor the City of Branson ever challenged these attempts to quiet the title or Tori, Inc.’s title and ownership of the property until Empire District filed the suit in 2003.
Coverdell and Coverdell Enterprises also filed a document known as a Notice of Lis Pendens, which provided written notice of Coverdell and Coverdell Enterprises’ ownership rights to both the Branson North Beach Park property and the Branson Landing property, in 2004 and again in 2006. This Notice was reportedly served to Empire District, the City of Branson and others.
These records are public and available for examination and raise serious questions about Empire District and the City of Branson’s sudden claim of “surprise” about the dispute over the Branson Landing property. Even after seven long years of legal battle, it seems Coverdell will have to continue the fight a little longer, disregarding the hard work of the courts and the jury. Just how long must the fight continue before Coverdell can enjoy the rights of real property ownership for a property which he has owned for years.
Now, I am certainly not an attorney, but I think I can read, and I definitely understand English. Tell me, just how can anyone be “surprised”.
In 2003, Empire District filed a quiet title lawsuit claiming ownership of the property against Coverdell and Coverdell Enterprises, Inc. On January 14, a jury ruled against Empire District and found that Mr. Coverdell and Coverdell Enterprises are the rightful owners of the property.
Now, after the jury’s decision, Empire District and the City of Branson have claimed that they were “surprised” to learn the court’s judgment included the Branson Landing area, they claim to believe that only the North Beach Park property was at issue in the lawsuit. Court records, however, demonstrate a totally different story, a story that reveals the truth.
The lawsuit that Empire District brought, refers to two different deeds describing both the Branson North Beach Park and the Branson Landing property at issue. These deeds were introduced into evidence at the trial as Empire District’s own exhibits marker Exhibit TT and Exhibit UU. The judgment includes verbatim the same legal description of the property that Empire District introduced at trial and brought into the suit seven years ago.
Transcripts from the trial also show that Empire District’s corporate representative, and Empire District’s attorney, agreed in open court that if the jury ruled against Empire District then Coverdell and Coverdell Enterprises, Inc. would own the Branson North Beach Park property and the Branson Landing property. The same Branson Landing property that Empire District and the City of Branson now claim was not at issue in the lawsuit.
The court documents reflect that Branson reached a similar agreement with Coverdell and Coverdell Enterprises, Inc.. When Empire District filed the lawsuit in 2003, it also named the City of Branson as a defendant, claiming ownership of certain property in the North Beach Park area. The City of Branson and Coverdell reached an agreement that Coverdell would not dispute Branson’s claim to its property and Branson, in exchange, would not dispute Coverdell’s or Coverdell Enterprises, Inc. ownership or the land in their deeds.
In 2004, the City of Branson’s claims went to trial and the judge ruled against Empire District. The City of Branson dismissed its claims against Coverdell and Coverdell Enterprises, Inc..
Other court records show Empire District and the City of Branson as well as others have, in fact, been on notice of the existence of the dispute over the property for many years. Mr. Coverdell received title to the property from Tori, Inc.. Tori, Inc. acquired the property in 1972. Tori, Inc. filed a series of lawsuits to quiet the title against Empire District dating back as far as the 1970’s and continuing into the 1980’s and 1990’s.
Neither Empire District nor the City of Branson ever challenged these attempts to quiet the title or Tori, Inc.’s title and ownership of the property until Empire District filed the suit in 2003.
Coverdell and Coverdell Enterprises also filed a document known as a Notice of Lis Pendens, which provided written notice of Coverdell and Coverdell Enterprises’ ownership rights to both the Branson North Beach Park property and the Branson Landing property, in 2004 and again in 2006. This Notice was reportedly served to Empire District, the City of Branson and others.
These records are public and available for examination and raise serious questions about Empire District and the City of Branson’s sudden claim of “surprise” about the dispute over the Branson Landing property. Even after seven long years of legal battle, it seems Coverdell will have to continue the fight a little longer, disregarding the hard work of the courts and the jury. Just how long must the fight continue before Coverdell can enjoy the rights of real property ownership for a property which he has owned for years.
Now, I am certainly not an attorney, but I think I can read, and I definitely understand English. Tell me, just how can anyone be “surprised”.
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