Green Estate LLC asked a federal judge Oct. 19 to reject the city of Mexico’s request to dismiss its lawsuit over Green Estate Park.

The filings answers two motions filed by the city on Sept. 21, which requested that the federal court dismiss Green Estate’s request for attorney fees as well as the lawsuit on the grounds that the case is too small for federal court and fails to state a valid cause of action.

In its response, Green Estate, whose sole member is Warren “Renny” Smith, points to an appraisal filed by the city of Mexico, which values the entire park, not just Green Estate’s chances of getting it back, at $946,320 to $953,250.

In a separate filing, Green Estate also opposed the city’s request to strike its claim for attorney’s fees. A news release issued by Green Estate cited Missouri’s declaratory judgment statute, a clause in the 2005 agreement in which the city agreed to cover Green Estate’s legal fees arising from the property after the gift, and the court’s own authority to award fees when a party acts in “bad faith.”

Smith purchased approximately 156 acres of land in Mexico that once belonged to his ancestors, the Green Family, in bankruptcy proceedings in 2002. In November 2005, Smith donated approximately 143 acres to the city.

Under the 2005 agreement, the city committed to keep the parkland open for public recreation, name it Green Estate Park, and handle all maintenance, including upkeep of the park’s five stone bridges, according to the release. The agreement also claims the land returns to Green Estate if the city breaks its terms.

In its motion to dismiss, the city disputes that claim and says that the agreement merged into the deed that doesn’t have reversionary interest that would allow Green Estate to take the park. 

Green Estate’s attorneys said in the release that Missouri law does not work that way and argued that promises that can only be carried out after a property changes hands, such as maintaining a park, survive the deed transfer. They also point to a clause in the 2005 agreement stating that its terms survive the transfer, and note that LAWSUIT from page A1 most of the maintenance obligations were written into the deed as well. 

Smith alleges the city failed to maintain the parkland for the public’s recreational use, including performing ongoing maintenance of the bridges, Rabbit’s Foot Lake, the property’s split-rail fence, the Churchill Gate and the rest of the grounds. 

In a sworn declaration filed with the brief, Smith claims the city has allowed invasive vegetation to engulf the entire southeast corner of the park, including around Rabbit’s Foot Lake and the pond’s two bridges, making it inaccessible. He also claims to have observed numerous dead trees that the city failed to remove, large portions of land where the grass has grown waist-high and portions of the split-rail fence that are in disrepair or absent. 

A sworn declaration by Chad Unterreiner, Mexico director of parks and recreation, claims that the city regularly mows grassy areas of the park, but intentionally avoids mowing in certain areas, such as the banks of streams, to control erosion. The city also allows natural vegetation to grow taller in certain areas and does not immediately remove dead trees to provide a habitat for wildlife. 

Last month, the city also began eminent-domain proceedings to condemn Smith’s disputed interest, which an appraisal filed with the motion values at $3,174. 

The city may file a reply, which is now due Oct. 29, before the judge rules on its motions.