TKC EXCLUSIVE NEWS!!! READ THE FULL STATEMENT AGAINST THE KANSAS CITY TOY TRAIN STREETCAR TAXING SCHEME FROM LOCAL ENTREPRENEUR PLAINTIFFS!!!



Kansas City Toy Train supporters want to argue that their plan will bolster local biz. However as a follow-up to TKC BLOG COMMUNITY BREAKING NEWS BEFORE ANYBODY ELSE . . .

TAKE A LOOK AT THE FULL STATEMENT FROM KANSAS CITY LOCAL BUSINESSPEOPLE WHO STRONGLY OPPOSE THE TOY TRAIN STREETCAR TAXING SCHEME AND QUESTION ITS CONSTITUTIONALITY!!!

Now, Council Dude Russ Johnson thinks he's smarter than everybody else in Kansas City and touts the efficacy of these taxing district schemes . . .

BUT THE QUESTION AND COMPLAINTS AGAINST TOY TRAIN STREETCAR TAX "STACKING" REVEALS A TRAGIC FLAW IN THE WAY KANSAS CITY'S STREETCAR WAS RAILROADED THROUGH RIGGED ELECTIONS!!!

This lawsuit represents a VERY REAL challenge to the shameful way this process was carried out . . . Take a look at the FULL STATEMENT rather than just letting newsies translate and transcribe.

NEWS RELEASE

Lawsuit: Streetcar Taxes Stacked Against Downtown Entrepreneurs 

Entrepreneurs Charge Taxation Without Representation, Illegal 'Stacking' of Transportation Districts 

KANSAS CITY, MISSOURI  (January 31, 2013) - Today representative taxpayers and property owners in the Kansas City Downtown Streetcar Transportation Development District filed a declaratory judgment lawsuit in the Circuit Court of Jackson County seeking to halt the looming imposition of illegal and unconstitutional sales taxes and real property special assessments intended to fund a massive single-line, fixed-rail streetcar project slated for downtown Kansas City.

"The purpose of this lawsuit is not to interfere with progress on public transportation in this town, but to ensure that Kansas City government conducts the tax and assessment process in accordance with the laws of the State of Missouri,” stated Mark J. Bredemeier, the attorney who filed the lawsuit. "These plaintiffs’ common denominator in pursuing this legal challenge comes down to the lack of fundamental fairness to downtown business and property owners and their patrons. This is ’taxation without representation’ at its worst because the vast majority of people and businesses who have to cough up these additional sales taxes and property assessments were denied the right to vote on them, which is unfair and, we believe, unconstitutional." Bredemeier continued: Whether or not one supports this particular mass transit plan, the slanted election process runs afoul of the rights and safeguards protected by Missouri statutes and our Constitution."

The multi-count petition asserts several challenges to the legality of the new taxing district’s proposed one percent sales tax and assorted property assessments approved by a small number of mail ballot voters in December. One count of the petition contends that the "stacking"of a new one percent transportation development district sales tax for the Streetcar District on top of the existing one percent TDD sales tax in the Power & Light District exceeds the maximum TDD sales tax allowed by Missouri statute. According to the petition, [i]f the statutory limit . . . can be exceeded by the simple device of forming multiple transportation development districts encompassing the same property, the statutory limit has no meaning at all."

The remaining counts of the petition challenge the constitutionality of the property assessment election. This mail ballot election process was limited to registered voters who lived in the new taxing district and denied the right to all other Kansas City taxpayers and voters, including individuals and businesses whose properties were subject to the special assessments. The process afforded no advance notice of these assessments to property owners and has been criticized as designed to suppress property owner voting rights and generate only positive votes from voters with no direct financial stake in the outcome. These legal challenges contend this rigged election process violates property owners’ equal protection and due process rights under the state constitution.

"It’s simply Unfair and un-American that I did not get a say in what happens in my own city, especially when it is a project of this magnitude and I'm the one stuck paying the bill," declared Sue Burke, one of the plaintiffs in the suit and a River Market business and property owner. "This whole voting charade and stacking of taxes shouldn't be a surprise because many of us feel as though the deck has been stacked against downtown entrepreneurs from the start."

Added Stretch Rumaner, another plaintiff: "I just don’t understand why City Hall is making it harder on entrepreneurs like us who are already contributing to the resurgence of downtown. This is so counter­productive.” Stretch is the owner of the popular Grinders restaurants and outdoor concert venues in the Crossroads District, and a former member of the Kansas City Tax increment Financing Commission. "Unless stopped, this new taxing district's unfair and harmful taxes and assessments will dampen the organic resurgence that downtown and the Crossroads have already experienced. We're going to end up with mega-million dollar streetcars trolling up and down empty storefronts."

"This entire funding mechanism election scheme has been characterized by others as suspect, worrisome, troubling, undemocratic, grossly undemocratic, and profoundly undemocratic," said Bredemeier, the attorney. "Our lawsuit intends to answer the question: Is this lawful?"
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Again, Read The Full Statement Here Rather Than Allowing Corporate Newsies To Spin The Story

Comments

  1. Hope they can play out the clock and turn this streetcar thing around!

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  2. Russ will never be Mayor.

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  3. Sly will win

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  4. Let Justice Prevail1/31/13, 8:51 PM

    Good for them for pursuing this in Court. Glad somebody can afford to fight for their rights. Good luck!

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  5. Is Nutter in on this? If they have his support they might have a shot. If not, they will lose big time. It really is a shame that they didn't do a better job getting together a bigger coalition instead of just hiring yes me.

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  6. Yes men, I meant.

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  7. Sly sold out the city when he did this. Shame on him

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  8. Russ is not smart, he is a smart ass. Not the same.
    The method that they used to pass this was right out of the Russian play book. Or maybe the Castro play book. Or just out of any non democratic government play book.

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  9. better title for you T, Bully boy Russ is not that bright.

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  10. Again, too many words. I skipped the whole thing.

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  11. Fools Vote For People Like Sly2/1/13, 12:26 AM

    The train should be named "The Lemming".

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  12. Miss Sweetie Pie2/1/13, 9:37 AM

    Mr. Tony,
    I hope this small group of plaintiffs finds relief in court.
    I just can't see why they think they get to vote in multiple jurisdictions, but I find it an interesting point of law that there might be tax-stacking. Now that seems to be a viable argument.

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  13. Miss Sweetie Pie2/1/13, 9:40 AM

    PS I find Mr Russ Johnson to be a lamentable person. When he runs for Mayor I will encourage him to sink as much cash into his campaign as possible. He needs to feel a lot of financial pain. Sort of like paying the price for inflicting us with his presence.

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  14. There argument is that they will have to pay the TDD and they have to pay taxes when the shop in the P/L.

    This shit gets tossed before it even goes to court. Bredemeier must be about to run for something again.

    What a joke.

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  15. If you find yourself on the same side as Sue Burke, you know your knee deep in bullshit.

    Maybe Sue should quit parking her loading truck in the middle of the street twice a week and just use the fucking alley behind her "store".

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  16. Tony can you look into how many tax incentives/abatement stretch has gotten on his properties in the crossroads. I think it funny he is sueing the city for raising his tax bill but yet I think he get thousands in breaks. Just a thought.

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  17. Sue doesn't have an alley behind her building. Have you ever actually seen the building? All there is for customer parking and deliveries is either along the curb or into the building through the front door. These access points to her business will be blocked and eliminated with the streetcar.

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  18. How would you feel if one person in your neighborhood who is in the construction business decided the curbs and sidewalks needed replacing, but you disagreed. You would have to pay for it as a property owner, but you don't get to vote on it. Only the renters in your neighborhood get a vote, not the property owners. That's what this lawsuit is about.it's about the process of the voting, not the merits of the project.

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  19. No alley, huh?

    http://maps.google.com/maps?hl=en&biw=1366&bih=622&bav=on.2,or.r_gc.r_pw.r_qf.&bvm=bv.41867550,d.b2U&um=1&ie=UTF-8&q=kansas+city+air+filter&fb=1&gl=us&hq=kansas+city+air+filter&cid=0,0,2702414593460637965&sa=X&ei=FDwMUeaHO8jVqQHrvoGAAw&ved=0CJsBEPwSMAA

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  20. Property owners don't get to vote, residents do, that how democracy works you fucking moron.

    I own 130 acres outside of Hastings Nebraska that I lease to a tenant farmer. He gets to vote for Adams county sheriff and I don't. You know why, I don't fucking live there.

    We fought a war about that in this fucking country, you shitbag.

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  21. We fought a war about your not living in Nebraska? We must have lost.

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  22. @4:06 That's not an alley. That's a railroad track that cannot be driven on. Google maps are not infallible. Looking at a google map does not make you an expert on real estate property boundaries.
    And it's someone else's property. There's no way to drive into the building from the back anyway as there is no driveway.

    Do you know more about the filter lady's business than she does? I think not. Do you even have a job, let alone provide them for other people? Do you know anything about owning and running a business?

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