Missouri Supreme Court denies Koch Road appeal
The lawsuit initially was filed on behalf of some residents who live near the site of the old Koch Road, claiming the St. Charles County Council had no legal authority to vacate the road, which was still in use.
The original Koch Road was taken out and homes were built in its place. Another road was built to replace it as part of the Hyland Green subdivision.The denial of the appeal upholds the March 4 ruling by Missouri Court of Appeals Eastern District Judge Kenneth Romines.
Romines stated in the ruling that the county made its decision to vacate the road based on the idea that the new road would be safer than the old one, and residents who filed the suit had not shown how the loss of the road caused them harm.
In June 2007, St. Charles County Circuit Judge Lucy Rauch ruled against the County Council, stating in her decision that there had been an "abuse of discretion" in declaring the portion of old Koch Road "useless."
O'Fallon City Administrator Bob Lowery Jr. expressed confidence that the issue was concluded.
"We are extremely pleased the Missouri Supreme Court has put an end to this lawsuit," Lowery said in a news release.
The city of O'Fallon currently is involved in a lawsuit with builder McBride & Son Homes after the city refused to grant building permits for the disputed Koch Road area.
City spokesperson Tom Drabelle said city staff members did not know if McBride would now withdraw its lawsuit, but did say city staff thought the Missouri Supreme Court's decision would lead to a resolution in the quiet title suit.
