Laiben Holdings Inc. has filed suit against the city of Pevely in Jefferson County Circuit Court, claiming that the company was damaged over the city’s denial of a zoning change request.
The suit, which was filed Monday (Oct. 25), seeks a court order that would require Pevely to issue the zoning change and pay damages of more than $25,000 plus attorney fees.
The company announced its decision to close the Pevely Flea Market on Oct. 30. The business is on 17 acres along Commercial Boulevard in Pevely and the suit concerns a proposal to sell a portion of that property. The sale is contingent on approval of the zoning request.
The suit says Laiben Holdings submitted its request on May 21. The Pevely Planning and Zoning Commission later recommended that the request be denied and the matter was set for a final vote by the Pevely Board of Aldermen on Oct. 3, the suit says.
On that night, the suit says, “No vote was had. The record simply states that the bill ... died.
“While this is not a sufficient determination of approval or denial, plaintiff assumes the matter was denied by Pevely,” the suit says.
The suit claims the city acted in an “arbitrary, capricious and/or unreasonable” way in rejecting the zoning request.
Laiben Holdings is represented by Festus attorney Adam G. Breeze. The case was filed in the court of Div. 2 Circuit Judge Gary Kramer.
Pevely City Administrator Jason Eisenbeis said Wednesday (Oct. 26) he could not comment on the lawsuit because he had not seen it yet.
“We’ve not seen anything. Nothing has come across my desk and I have not been contacted by the city attorney,” Eisenbeis said.
An in-depth story on the lawsuit is planned for the Nov. 3 Leader.
-- Peggy Bess
