The city of Mexico has asked a federal court to dismiss the lawsuit brought by Warren C. “Renny” Smith Jr., who is seeking to reclaim Green Estate Park more than 20 years after donating the property.

Smith is the sole member of the plaintiff Green Estate, LLC.

The city requested to strike Green Estate’s request for attorney fees and dismiss the complaint in two motions filed by Cunningham, Vogel, & Rost, P.C on Sept. 21.

According to the motion to dismiss, the U.S. District Court for the Eastern District of Missouri, where the lawsuit was filed, does not have jurisdiction to hear Green Estate’s case because the minimum financial value of $75,000 has not been met. Additionally, it argues the complaint fails to state a valid cause of action. 

“The city is going to do what we need to do to fight to keep the park for the enjoyment of all,” Bruce Slagle, city manager, said in a statement to The Ledger.

The motion stated that Smith, a Boston resident, purchased approximately 156 acres of land in Mexico that once belonged to his ancestors, the Green Family, in bankruptcy proceedings in 2002. The city alleges that absentee ownership of the large tract was a burden and Smith attempted to shift maintenance responsibility to neighboring landowners.

In 2002, Smith sold 11 acres to Melvin and Barbara Muskopf, who he subsequently sued in 2004 for a breach of contract, according to the motion. The court ruled in favor of the Muskopfs.

In November 2005, Smith donated approximately 143 acres to the city, but retained a separate two-acre parcel.

According to the city’s motion, the dispute arose in 2024 after Audrain County found that Smith had not been billed real estate taxes on a two-acre parcel that he owned for 19 years. In 2024, Smith was billed $503.63 in real estate taxes, which he paid late in March 2025, resulting in a late fee of $89.44. Smith’s payment was $593.07. The following year, Smith was billed $505.52, which he again paid late, incurring a fee of $89.73. Smith paid a total $595.25 in real estate taxes for the 2025 tax year in March 2026.

Smith originally asked the city of Mexico to pay the taxes, but according to the motion, city officials told Smith they were not legally allowed to do so. Officials instead offered Smith alternative solutions, such as leasing the land for an annual rent equal to Smith’s real estate taxes.

In a Sept. 24, 2024 letter attached in the motion, Smith’s attorney Dan Erdel, said Smith was “not satisfied” with the options presented and intended to sue to regain title to the park. 

The lawsuit, filed on Aug. 6, by Bryan Cave Leighton Paisner LLP in the U.S. District Court for the Eastern District of Missouri, alleges the city failed to maintain the park land 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.

According to the motion, Smith contends that the donation’s restriction agreement left him with an interest that permits him to take back the park if its conditions are violated. The city disputes that claim and says Smith has no right to recover the property.

The city has also begun eminent-domain proceedings to condemn Smith’s disputed interest, which an appraisal filed with the motion values at $3,174. Smith’s response is due Oct. 19.