Board told a property owner has sued over a board finding; staff delivered meeting record to attorney

City staff told the Webster Groves Board of Adjustment on Oct. 9 that an owner has filed a lawsuit challenging a board finding related to a property identified in the meeting transcript as "5 11 Bobpart" (transcript spelling unclear).

A staff member said the city completed the record of the administrative proceeding — including a transcript of the hearing, exhibits and other documents — and sent that record to the owner's attorney, identified in the transcript as Mr. Orby, who is representing himself. "We've completed the process of pulling our record, and sending it to the gentleman, Mr. Orby, is an attorney. He's representing himself," the staff member said.

The staff member described the record production process and timing. The city transcribed the meeting, compiled exhibits and other materials that were used in the board's decision, and provided those items to the attorney. Staff said a judge had given the city 10 days to turn over the record; the city may file a motion to dismiss or may file an answer, and staff estimated a hearing resolving the suit could occur around March.

Staff also discussed enforcement and the status of the property. The staff member noted that a variance is requested before ground is broken and said filing the lawsuit does not make the property compliant; construction remains on hold pending the legal process. Board members commented on the property's visual condition and the length of time work has been paused.

Staff said board members should not expect to be deposed unless a court orders depositions; staff described that these lawsuits seldom require depositions of board volunteers. No additional formal action was taken.