High-rise condo residents near proposed Royals ballpark site file suit, asking for protection of property rights
Residents of a long-standing high-rise condominium complex are asking the court to grant them property rights protections as the Kansas City Royals and city leaders march forward on the ballpark plan.
The San Francisco Association, which represents the residents of San Francisco Tower, filed a lawsuit Monday seeking a declaratory judgment establishing its rights and a temporary restraining order to uphold those rights during the case.
San Francisco Tower is a 33-story condominium located at 2510 Grand Boulevard. The complex is within 100 feet of the proposed stadium site, the association said, and the district will "completely surround" it once rezoning occurs.
In a news release, the San Francisco Association said it has been asking to be involved in discussions between the city, the Royals and Crown Center since May. But the association said city agreements "do not mention" the complex or its recorded property rights and "make no provision to protect or pay for them." It also said that the developer's plan "admits that 'utility easement releases' will be necessary in order to proceed with the project: releases the Association says only it can grant, and that no one has requested or ever offered to purchase."
San Francisco Tower has held easements and covenants — which indicate rights to use someone's land or restrict property usage — since its construction in 1976, the petition said. The association said those rights include the complex's mechanical plant, its electrical and mechanical rooms, utility tunnels and a tunnel beneath Grand Boulevard.
"We have said from the beginning that we support bringing the Royals downtown. We have only ever asked to be included and protected," said David Byrn, vice president of the San Francisco Association. "These are our homes. We hold rights that have been on record for nearly fifty years, and we are asking the court to see that they are respected."
The association's legal counsel emphasized the Royals and the city need to address these easements and covenants.
"This case is about property rights and the rule of law," said Kenneth B. McClain of Humphrey, Farrington & McClain, P.C. "The law is clear that recorded easements and covenants cannot simply be bulldozed and then built over. They can be honored, or they can be purchased by agreement, but they cannot be ignored.
"We are asking the court to confirm what the records already show and to preserve the status quo until these rights are properly addressed. We want nothing more than for the Royals to obey the law, as any other business is required to do."
Mayor Quinton Lucas responds
"I appreciated my recent visit with residents of the San Francisco Tower and look forward to further discussions," Lucas said. "While the lawsuit does not threaten delivery of the baseball project and merely looks to clarify the property rights of neighbors adjacent to the future stadium, it is imperative that all parties reach amicable understandings ensuring Crown Center and residents in the area continue to enjoy a great neighborhood and outstanding future development.
"I will support all parties in reaching an amicable resolution whether through the Court's declaration of rights outside the stadium footprint, as sought here, or through alternative dispute resolution."
'We're worried about a lot': Residents near Royals stadium site raise concerns
Residents living near the proposed stadium site told KMBC they're excited about the project but have big concerns about what it could mean for their homes.
"Well, everybody's excited about the stadium coming in," said Tara Zimmerman, a resident of San Francisco Tower.
Zimmerman said residents believe the stadium will be beneficial for the area and could increase property values over time. However, they are worried about the effects of construction.
"We're worried about the noise. Shaking of our windows. The building is 50 years old this summer, so yeah. We're worried about a lot," Zimmerman said.
While residents support the ballpark move, they are focused on protecting critical infrastructure beneath the proposed site.
The condominium owns a tunnel under Grand Avenue that connects to a central mechanical facility located east of Grand.
The facility provides power, heat and water to the building.
The lawsuit claims that this land is within the proposed stadium's footprint.
"I attended the one at Union Station, and we didn't really get any answers," Zimmerman said, describing a meeting about the project. "And then the people that are against it stood up and started yelling and screaming. So they had to end it early. So we didn't get any answers."
Homeowners are also concerned that parking rates could rise significantly.
"They could easily raise our parking rates. You know, we already pay a pretty nice amount," Zimmerman said.
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