City work continues on Buescher properties

Property owner appealed nearly $25K court order

This is one of Jefferson City's most historic homes and has recently been named to Missouri's 2016 historic "Places in Peril." The home at 105 Jackson St. is one of many boarded up, crumbling structures owned by Barbara Buescher, who was sued by the city to repay debt for work done on her properties.
This is one of Jefferson City's most historic homes and has recently been named to Missouri's 2016 historic "Places in Peril." The home at 105 Jackson St. is one of many boarded up, crumbling structures owned by Barbara Buescher, who was sued by the city to repay debt for work done on her properties.

Jefferson City officials said Friday they're still working on dilapidated properties owned by Barbara Buescher, even after she was ordered last May to pay the city for previous work.

"My department continues to monitor Buescher properties and address code violations as they occur," Janice McMillan, Jefferson City's Planning & Protective Services director, told the News Tribune last week. "This includes mowing of tall weeds, securing properties and other actions necessary to abate nuisances."

Buescher appealed that May court order in June; the case now is in the state appeals court's Western District in Kansas City.

On May 17, 2016, Cole County Circuit Judge Pat Joyce ordered Buescher to pay the city government $24,785.33, plus interest at 9 percent a year, for work the city had done to maintain several of her properties.

The city had boarded up or done yard maintenance on at least 15 properties, then billed Buescher for the work as allowed by the city's nuisance ordinances.

The city initially sought $49,000 when the case was filed in December 2014, but Buescher paid overdue property taxes in August 2015. That payment of roughly $24,000 covered the first three counts of the initial lawsuit.

When Joyce issued the ruling last May, Buescher's attorney, Audrey Smollen, told the News Tribune: "I think it's absolutely wrong. The law was on Ms. Buescher's side."

Smollen filed her notice of appeal June 24 to the state appeals court in Kansas City.

Clerk Terence Lord told the News Tribune on Friday no briefs have been filed in the case yet.

"The record on appeal is due next Thursday, Sept. 22," Lord wrote. "Assuming that gets filed, (Buescher)'s brief would be due 60 days thereafter."

Then the city would have a chance to respond, and Smollen would be given a chance to respond to the city's response.

The city has hired attorneys Michael Berry, Marshall Wilson and Theodore Lynch to handle the city's interests in the appeals court process.

Former city attorney Drew Hilpert had been the lead attorney for the city's case, before he resigned to take a job with Springfield's City Utilities.

The city's incoming city attorney, Ryan Moehlman, won't begin his duties until next month.

The three-judge appeals court panel assigned to hear the case could hold an oral argument that would last about half an hour, then issue a ruling at some time after that.

Meanwhile, McMillan said, the city intends to recover the costs of the new work it has had to do, "preferably by the owner's payment of the tax liens, or pursued in court in the future, if unpaid."