Chief Supreme Court Justice Joins Branson Landing Dispute - Empire Vs. Branson Paper

Branson Paper Vs. Empire - Ongoing Branson Landing Property Dispute Continues

The City of Branson has tough waters to navigate needing to prove contradictory testimony in parallel legal venues as to knowledge and ownership relating to a large portion of the Branson Landing.               

Bonds issued under Mayor Raeanne Presley watch claim Branson Landing  has both title insurance and isn’t under litigation - two erroneous claims  that necessitate Branson City Leaders make contradictory claims in court depending on jurisdiction:

For ordinary citizens issuing such statements regarding land investment could easily earn free room and board courtesy of the state. The disparity in treatment attest Missouri’s Courts as  a “respecter of persons.”

Here’s a brief summary of Branson’s conflicting legal approach in regards to the Branson Landing Northern ⅓. by  jurisdiction:

Federal Court

1. Branson Landing title disputes were notorious, easy to identify, were discussed with title insurance provider, attorneys for the City of Branson and City Council Members (City Alderman)

2. Attorney Client privilege is waived and sanctions will apply if correspondence between attorneys is not dispatched during discovery. Coverdell's claim was notorius, easily obtainable through the public record.

Missouri Appellate Court

1. Branson had no knowledge of the borders being discussed in quiet title case

2. Branson was not notified properly as to hearings that Branson attorney attended

Missouri Circuit Court

1. Attorney client privilege prevents Federal lawsuit documents from entering into state proceedings nor does

               2. Any contract between the City and Coverdell would require a recorded vote following current law.

3. Attorneys are not legally able to initiate enforceable contracts without a recorded vote. Documents issued in Federal Court remain privileged and cannot be submitted to state courts.

Alderman hatched a litigation strategy with Empire District Electric counsel prior to 2004 when the City of Branson sought to acknowledge the Hoke deed and staked it's claim on a small strip of land encompassing half a peninsula.adjacent to North Beach Park.

Mo. Chief Supreme Court Justice VS Mo.Chief Supreme Court Justice

If you have the facts, use the facts. If you have the law, use the law. If you have neither it’s best to hire a Chief Supreme Court Justice. The maneuver is enough to seduce the blindfold off of lady justice.

Branson’s hire of Chief Justice John Holstein was a “Hell Mary Pass” placing the city back into a lawsuit they already lost. The reek of special privilege and an unusual imbalance of tolerance forced Coverdell’s team to hire a former Chief Supreme Court Justice of his own. For the slightest infractions Coverdell’s staff has been sanctioned, while Branson seems able to commit the same acts with impunity.

As a result of the imbalance two of the most recognized, talented and charismatic attorneys are preparing to argue the Branson Landing Title Dispute before the Missouri Supreme Court.

Former Chief Justices Chip Robertson and John Holstein are on opposing sides for the property which may  be valued in excess of $100 million.

Empire District Electric Land Grab

Empire District Electric is notorious for its recent  litigation practices on the Lake Taneycomo waterfront.. The implication of its quiet title suit on the Branson Landing’s Northern ⅓ potentially gains the Southern Missouri utility company stronger claim to billions in real estate assets along the waterfront. The utility company is attempting to parlay flooding rights, which serve much like mineral rights, to stronger title.

No one expected Coverdell to hold his own against  Empire and their partnership with the city. But ten years standing against  time, political pressure and millions invested with tax funded opposing counsel hasn’t put Coverdell out the game. Still, after Coverdell’s lead trial counsel Robert Cocherham brought home a Taney County Trial victory,  the judgement was sent back to the trial court with unusual surrounding circumstances

John Holstein  - Branson Successful Hail Mary Win Earns Second Review

Branson’s public statement following jury trial was that they’d fight the case to the Supreme Court.. Branson wasn’t expecting a win nor planned to follow the Southern District Appellate recommendations. Lack of Supreme Court review never seemed a question. Holstein was hired to escalate the case and until last month he was unmatchedm.

Initially rejected by the Missouri Southern Court of Appeals, former Supreme Court Justice John Holstein represented Branson.

To the Southern District Appellate Holstein testified Branson doesn’t own any of the property in question, but had judicial standing as a lease holder from Empire and third parties they contracted with as a result of their lease from Empire. Branson’s move allowed several banks , many  transactions downstream to stake their claim.

With Holstein,  the City of Branson won the right to de-escalate the case back to the trial court on behalf of “third parties”.

Holstein argued to the Southern District Court of Appeals that the city wasn’t aware of Coverdell’s scope of claim. Speculation over Branson’s awareness is refuted by the City of Branson’s through documents posted in the federal court records Branson Vs. Chicago Title.

As Branson initiated parallel litigation, evidence contradicting Holstein’s verbal claims surfaced. Ironically Coverdell’s best claims are documented by the City of Branson itself. The correspondence published elaborate Branson Attorney negotiations and admission of error by Branson City Counsel  in early Branson Landing property purchases.

While the trail was initiated by Empire in 2003 Holstein displayed maps to the appellate neither included as trial exhibit nor accurately depict the landscape pre-trial but rather display infrastructure maps of the Branson Landing drafted in 2012 

Holstein’s use of evidence sent a hidden message to the Southern District legal triumvirate - that a Branson loss would fiscally devastate Branson.

Judge McBeth Issues Stern Warning - Foreshadows Result

During last months proceedings at the Taney County  courtroom ,  honorable Judge McBeth who usually  appears the kind, gentle grandparent,  - still fascinated with the unique aspects of law . A drastic transition to anger during the last Taney County court session was out of character.

McBeth's face grew bright red as he scolded Coverdell's lead counselor with an allogory of the desert beaver. According to McBeth, the desert beaver is an animal with slaps the dust to create a smokescreen for escape.

****Authors Note: With respect to the honorable Judge McBeth; I have spent much of my life exploring the deserts of the Western United States and have never seen a desert beaver. After hearing of this obscure animal myth/legend Research left me wanting as there is no such animal taxonomized. The beaver is an aquatic loving mammal and evades deserts at all cost.

.

The judges usually collected demeanor shifted to a sharp scolding as he foreshadowed events to come. "I'm not having attorneys deposed ", shot McBeth. Deposition of attorneys is key to Coverdell as documents recently released by the City of Branson reveal appellate arguments were proveably unrepresentative of fact. As new parties enter the case an incestous pool of attorneys switch sides billing banks, municipalities and utility companies.

City Documents released in the federal case provide a window to negotiations critical to Coverdell's claims. Documents published by the City of Branson in federal court essentially prove Coverdell's case. Unfortunately for Coverdell, the documents were drafted by attorneys and are being shielded from review. . The documents move from proving ascertains contrary to those verbally issued to the Missouri Southern District appellate court.

A Taney County Jury overturned a verdict granting Doug Coverdell a deed which was on public record through Branson Paper

Two former Chief Missouri Supreme Court Justices will battle this week over an ownership dispute on Branson's largest commercial development. The lawsuit originates from Empire District Electric's challenge encompassing a grid of land atop a third of the Branson Landing - controversial among Missourian's. for it's classification as a Super TIF (Tax Increment Financed).

A surprise appellate win granted the City of Branson, a chance to intervene. A quiet title suit brought by Empire District Electric question land ownership relating to a third of the tax funded lake front project on the shore of Lake Taneycomo.

The lawsuit was derived from backroom negotiations between the City of Branson and Empire District Electric as the City of Branson partnered with HCW to create the $450 million lakefront outdoor mall. The feature is a revenue generating engine funding the Branson Hilton Convention Center.

Much of the Branson Landing's partnership agreement sits on Empire District Electric property rented to Branson through a 99 year lease.

Most Likely To Bill New Clients in Branson Landing Dispute - Lynn Rogers
If the contest is over reaping billable hours and increasing clients to bill , Lynn Rogers scores top dog.  Rogers first represented the city of Branson where he handled negotiations between Peter Rea and Coverdell, then skipped to First America Title, Bank of America and has recently landed with Jim Walton managed Arvest Bank. 

Peter's Point

According to legend and Taney County trial courtroom lore, the peninsula had a dual meaning the phallic shape and the owner were both known acknowledged in the double entendre "Peter's Point". During the 1970's Peter Rae was known to patrol Peter's Point preaching, Bible in hand, to youngsters who found the wooded area an ideal makeout spot.

Rea is best known for his role as Taney County Circuit Judge enacting  unorthodox practices before he was derobbed..

Correspondence published by the City of Branson in their federal lawsuit against Chicago Title notes Springfield Attorney Lynn Rodgers mediated negotiations between the City of Branson and Peter Rea. Branson City Officials proposed terms of a land purchase which apparently broke down. Rodgers language begins with notable errors in Branson's land purchases and settlement transitioning to harsher language - even going so far as to cite sexual misconduct as an element of him being disbarred.

After a Taney County jury verdict granted Branson Paper - et Coverdell sole ownership of the property Branson City Officials hired former Missouri Chief Justice John Holstein and used press resources to publicize the land dispute would be heading to the Supreme Court. The issue was taken by the Missouri Southern District Court of Appeals who initially rejected Branson's right to press the case due to their voluntary withdrawal. The conditions of Branson qualifying for an appeal are seen by the legal community as precedent setting exceptions incited by special privilege honoring the status of Holstein as opposed to sound application of legal cannon.

The appellate overruled the Taney County jury verdict permitting third parties from entering the case. These third parties are subject to Empire's claim granted to the City of Branson and then contracted from the City of Branson and the HCW Development. The Southern District Appellate opened the door for several banks to enter the proceedings.

Instead of completing negotiations, Branson City Leaders placed a plat map over the property in litigation and proceeded to seek public funding - investment solicitation alleged the property was insured and not currently in litigation.. Under normal circumstances the banks would push for prosecution, an unprofitable move at this point because of the deep investment and risk of losing money - whether fraud was committed or not.

The last proceedings involved legal action on behalf of Coverdell who claimed the dispute with Branson Paper resulted in an agreement in 2004 when the land was bifurcated and the City of Branson's written correspondence reverting their initial claim they they owned the entire grid and settling with Coverdell for half of the peninsula - half the shaft on Peter's point.

Coverdell cites correspondence on the public record where he is threatened by the overseeing judge who states, "If you have an agreement you need to sign this now Mr. Coverdell. ". Coverdell notes the enforceability confirmed by the judges statement.

Holstein argued the City of Branson is required to publish a vote on record for any agreement the city makes and if one hearing brought City Custodian of Record Lisa Westfall. Holstein claimed any agreement not on record was unenforceable. He further argued that Branson’s counsel lacked the capacity to make an agreement with Coverdell nor was any consideration exchanged,

Judge McBeth’s demeanor was lightened by Chip Robertson who earned chuckles from the 17 attorneys which crowded the courtroom last month as appeals appear imminent. McBeth noted that Cocherham's request for Summary Judgement for the original trial findings would result in his being overturned - something he hoped to avoid.

Branson Officials continue to raise the legal tab and are likely to earn a minor victory on May 29th porous enough to demand further judicial review..

Documents published by City of Branson Contradict Testimony to Appellate - Tax Scheme , Adverse Possession Strategy Outlined

Documents filed in Federal Court last month establish that the City of Branson was not only aware of ownership issues but also negotiated with former Judge Peter Rea to clear title on 37% of the $450 million public/private Lake Taneycomo development known as the Branson Landing.

Contrary to testimony presented to the Missouri Southern District Court of Appeals; correspondence from former Branson attorney Lynn Rogers reveals Branson Alderman agreed to settle the dispute with Rea as long as the purchase price was laundered through a third party.

Rea invented a scheme where much of the land described in a warranty deed filed in 1972 by Tori Inc., a company owned by Rea, would be donated to the City of Branson in addition to $25,000 - $30,000 cash. Rea's donation of land would include a tax credit for $8 million dollars with Rea would market to another business entity for an additional $1 million dollars in cash. The document dated July 6th 2004 (posted above)details Branson's strategy and shortcomings summed with the statement from Branson's legal counsel:

"The chain of title in -this case is an absolute mess.' There appears to be nothing but gaps based upon the deeds presented"

Branson's Alderman met with attorneys from Empire District Electric whom filed a quite title lawsuit to clarify ownership.

While Branson was working hand-in-hand with Empire District Electric, they planned a maneuver to finagle the land from Empire's hands through adverse possession. The legitimacy of a title of which the city of Branson payed $940,000 was also in question. The $940,000 land purchase helped legitimize Rea's claim.
While Branson made a strategic decision to not litigate the matter, gambling on Empire District Electric victory was a costly error. A Taney County jury ruled in favor of Coverdell solidifying Coverdell's property claim. The Missouri Southern District Court of Appeals heard testimony from former Missouri Supreme Court Judge John Holstein who claimed the City of Branson was unaware of the implications of the Taney county jury's verdict in favor of Coverdell.

The basis for Empire District Electric's lawsuit was a "scrivner's error" made 100 years ago. Branson's counsel opines the lack of validity to Empire's claims. Holstein not only denied knowledge, but submitted maps created 9 years after the quite title lawsuit was filed. While the lawsuit predates the creation of the Branson Landing by over 4 years; Holstein argued Coverdell's victory would cause insurmountable damage to the City.

Empire District Electric clearly had ulterior motive in filing the lawsuit. Victory could mean billions in property losses from Taney County landowners. Empire District Electric hopes two Missouri Supreme Court decisions will be overturned that translates "flooding rights" be interpreted as fee simple tile.

Empire District Electric has backed off a policy of notifying property owners on Lake Taneycomo their claims against owners of property on lake since Coverdell's victory.

The document posted above was an exhibit filed in U.S Federal Court by the City of Branson against First American Title Insurance, Chicago Title Insurance Company and Fidelity National Title Insurance Company.

Over the past few years the City of Branson has taken a conservative position on releasing public documents denying access to invoices paid in clear violation of Missouri's Sunshine Law. Local news outlets have been unable to obtain the billing documents; however, it is believed that billing may ex-cede $1,000,000 for Holstein's "cloud making" services. The City of Branson hopes to recover funds through a title policy whose terms are in dispute.

In order to bypass legal controversy over property ownership, the City of Branson worked with Empire District electric creating a new plat map overlaying the property ownership in question. 

City of Branson Intervenes in Branson Landing Title Case - Moves Forward in Federal Court

Branson Landing developer HCW Development companies lawsuit against Tri-lakes Title and the company's predecessor were intercepted with the City of Branson moving litigation to a Federal Court. The City of Branson motioned to intervene citing litigation pending in the U.S. District Court Western District of Missouri in Springfield.

Documents which will be posted before the weekend on http://bransonedge.com paint a damming portrait of the City of Branson's legal activity, collaboration to commit fraud, acknowledgement of title defects and an intimate understanding to minute details involving complications and shortcomings with the Branson Landing project in direct contradiction to statements made by the City of Branson to the press.

Branson's mayor currently has a fiscal relationship (business partnership)  with the parent company of two local television stations KSPR and KY3 inc. Neither station has reported on the collaborative efforts of Branson, Empire District Electric and HCW to conceal facts regarding litigation in progress during the issuance of  Branson Landing 2005A bonds. In fact the opposite is true. Official documents created to entice investors erroneously claim 37% of the Branson Landing was in litigation at the time the bonds were being offered; In fact, the documents have statements from all three entities denying such encumbrances to fee simple title exist. The misrepresentation's of fact are promoted through the document published below.

The false statement that Branson was not involved in litigation at the time, contrary to fact is highlighted on page 33.

Official Statement 2005
Insurance Dispute
Branson claims to be the recipient of a title insurance policy which may not exist.

In fact, evidence suggests money coughed up by the City of Branson and HCW Development collectively to insure investors in the Branson Landing were protected might not have been utilized to purchase title insurance. The issue may ulitmately be decided by the court.

Documents which will be posted soon elaborate on a very shady relationship between the City of Branson and disbarred judge Peter Rea. Rea who was disbarred for sexual misconduct has a son-in-law that serves as an executive for HCW. Former Missouri Supreme Court Judge John Holstein is being retained by the city of Branson at a half price rate ($325 per hour) to defend the city of Branson's interests through post trial activity. Holstein's former law clerk was lead counsel during the time a plan was concocted to obtain property not available through direct chain of title.  Holstein's son-in-law Paul Link served as Chief Counsel for the city of Branson through much of the negotiations and completion of the lakefront project.

Circumstances suggest Holstein's generosity may result from corrective measures ensuring the safety of both former employee and relative. Such courtesy is not granted to other attorneys working on the case.

James Meadows, Jennifer R. Growcock and Jay M. Dade are listed as Branson's counsel for their case against Fidelity Title Insurance Company.

Documents produced by the trio elaborate on negotiations with Peter Rea (among other elements) and the City of Branson.

Criminal Activity Alleged in Branson Landing Title Insurance Dispute

Court filings submitted by HCW Development relating to Branson's $450 million riverfront project, popularly known as the Branson Landing, allege damages occurred due to Doug Coverdell's trial victory granting "37.34%" of the Branson Landing to Coverdell and affiliated companies.

The accusations posed by HCW Development Company LLC are serious claiming negligence, misrepresentation and/or fraud reached the standard of "Tort".

HCW Development is seeking damages  for 1. Vexation Refusal 2. Breach of Contract and 3. Negligent Misrepresentation. HCW is seeking a minimum of $25,000 for each charge setting a floor of $75,000 which could elevate to millions as damages outlined in the court petition are calculated.

Empire District Electric, The City of Branson and HCW Development  claimed the Branson Landing wasn't involved in litigation as they were seeking a third round of funding. The image posted to the left (click to enlarge) is taken from page 33 of the official statement asking investors for $18,560,000.

While the City of Branson and Empire District Electric claim ignorance to litigation - they were not only aware but in the case of Empire were mutual aggressors seeking quiet title action to secure the first round of funding.

(Developing)

Flood Money behind Branson Landing Property Dispute Yields Unusually Rapid Ruling From Southern District Court of Appeals

When a large portion of the Branson Landing was awarded to Doug Coverdell the City of Branson filed with the court of appeals to hear the case.  In order to get millions in loans to finance the development project, Bank of America among other investors were informed the land wasn't in litigation.

In order to get a loan on the property banks were informed that no litigation was in progress. Whether simple misrepresentation, fraud or it just happened to slip the minds of attorneys, documents reveal the city lied in order to ensure the Branson Landing project was developed and the state of Missouri would kick $50 million to create a Super-TIF.

The $450 million Branson Landing project was completed and millions in tax dollars were rebated to the developer. Contrary to information provided to financial institutions, one-third of the Branson Landing's ownership was being disputed. A Taney County Jury awarded the land to Doug Coverdell much to the dismay of city officials and a variety of law firms - many of which argued that Doug Coverdell did in fact and in other motions did not own the land.

Branson's local newspaper didn't inform the public that a local jury granted a large portion of the Branson Landing to a third party until the cover-up was too large to ignore and a score of other media outlets beat them to the punch.

The Branson Tri-Lakes news served as a mouthpiece for the City of Branson who beat the battle drum and promised the case would be heard in the Supreme Court of Missouri. The facts were so overbearingly against the City of Branson that a victory in a lower court wasn't even considered.

While Raeanne Presley continues to perpetually wave her middle finger at the Attorney General Chris Koster by repeatedly ignoring Missouri's open government aka Sunshine Laws; it is well known in the legal community that former Supreme Court Chief Justice John Holstein was paid off to handle the case. Holstein happens to be the father-in-law of the Branson City Attorney who orchestrated the debacle in the first place. Presley has denied access to information regarding how large the pay-off was; however, Branson city leaders have allocated $750,000 to an unknown legal expense.

After being rejected by the Southern District Court of Appeals several times, Holstein was able to make an incredible save for Empire District Electric who was brutally beaten in both Taney County and the appellate. Holstein was able to side step court rules by submitting new evidence (a map perverting the land layout and development that occurred years after the dispute began); time limitation requirements and jurisdictional issues.

Holstein verbally argued on April 5th of this year that enabling a jury to rule on the Branson Landing case would cause harm to land law throughout the state. Though the very opposite was true; Holstein was able to yield Taney County residents impotent when it comes to making jury verdicts.

The Court of Appeals ruling insured the case would continue. A second case alleged public officials plotted with Empire District Electric conspiring to defraud Coverdell out of the land. While the public hasn't been informed of the case through media; court records show Holstein has appeared at taxpayer expense to fight this case as well.

For an entrepreneur having land locked in litigation is damaging. The double edge sword has cut both sides. Rick Huffman, a principle of HCW learned the hard way that development on the water front was to be halted for a unknown period of time. After the Southern District Court of Appeals sent instructions back to the 38th Circuit ; Huffman celebrated victory; a victory that was never won.

Since the land is in litigation Huffman has been blocked from inking deals. Bottom line is he can't get title insurance due to the fact it is now well known that the Branson Landing ownership is in dispute.

Four years ago we reported Shelia Wyatt filed a wage dispute suit against the city of Branson; the case has been sitting without action in the court of appeals indefinitely. Coverdell chose a different path by exploiting Presley's love affair with Obamabucks.

In order to get the case knocked out of the Southern District Court of Appeals in 58 days, property owners and businesses on the Branson Landing were given notice that any funds allocated for flood damage would be diverted to him as the rightful owner. Effective pressure was given to the court of appeals and a ruling quickly kicked the case back to the 38th Circuit.

An appeal to Missouri's Supreme Court has been filed and Huffman suggested to the press that Holstein has enough pull to ensure the court never rules on the case.

Unfortunately for city officials and private developers; no development will occur on the disputed land until the case is resolved. If the Supreme Court of Missouri fails to hear the case it will likely be heard by a new Taney County Jury, a process that could take years.

(Draft 1 Aug, 12 2011)

Branson Mayor Hires Legal Counsel "Corruption Dream Team"

When you've committed murder hire OJ Simpson's dream team.

Missouri politicians who violate public trust hire attorney's James Meadows and John Holstein, "Missouri's Corruption Dream Team".

Before representing the "City of Branson", Meadows and Holstein were hired by the state to represent former Governor Matt Blunt during a heated gubernatorial race where "Sunshine Law Violations" were the source of some very public political attacks. Blunt's political opponent, former Missouri Attorney General and now Missouri Governor Jay Nixon was leading the investigation. A primary issue at hand was the responsibility of government to retain documents.

Holstien argued politicians have a right to destroy documents after a short period of time. Eventually Holstein conceded to "error" and approx $500,000 from tax coffers were used to pay off Kimberling City Attorney Scott Eckersley.

Unfortunately, the governments right to destroy public information never went to trial. Eckersley. an idealist young Republican eventually left the party and ran against Congressman Billy Long on a Democratic ticket in an unsuccessful bid for Missouri's 7th Congressional District seat. $100,000 of the taxpayer funded payout was used to fund Eckersly's campaign.

Current Missouri Attorney General Chris Koster hasn't taken a hard stand on the issue but has assigned personnel to help state political bodies learn compliance terms; however, prosecution of "Sunshine Law" violations haven't increased to any substantial degree. Moreso the lingering question of whether bodies can freely destroy documents has enabled a massive whitewash by less honorable politicians.

Branson Mayor Raeanne Presley is one of these politicians who claim the right to destroy public documents while the status remains in question.

Prior to becoming mayor Presley was an active advocate of open government policies. Involved in several lawsuits against the city of Branson and an unsuccessful effort to stop the Branson Landing and build a "Great Mall of America" through public subsidies on Presley family property; Presley ranked third in public information requests.

2008 Budgets reveal that Presley was allocated $4,000,000 for an expense labeled "Branson Mayor and Board of Alderman". Open meeting requests for the documents have been denied.

Holstein's employment has been carefully hidden from the press. The former Supreme Court Justice charges a pretty penny for his services and the exact amount Branson taxpayers are paying hasn't been clarified  - even thought they've been requested through application of Missouri's Sunshine Law during public Branson Board of Alderman sessions.

After firing Holstein's son-in-law and former Branson City Attorney Paul Link, Presley hired Attorney Tim Davis. During a brief period of Branson's history where Mrs. Presley promised the City of Branson would start complying with open government statutes, Davis' contract was posted for public view. Holstien's contract has not been released though it has been requested.

Davis had an official position as Branson City Attorney; but this position was only to conceal his responsibilities. Davis would later state, "I was working with Branson on a specific issue and I'm not at liberty to disclose exactly what that issue was'.

In fact, when Davis attempted to address some very serious social problems he was shot down, reminded he had a specific place and was eventually released from a position he was paid to hold yet never allowed to assume responsibility for. During a public outcry over Presley's attempts to default on a "pay per performance" contract with the Branson Airport, documents reveal it was his duty to try to undo Link's financial commitment. At the time, Branson's Board of Alderman was split on the issue of Presley's ethics in regards to meeting the contractual obligation.

Holstien, who has yet to be mentioned by any of Branson's weekly newspapers or radio news outlets appeared in a court proceeding with Community Bank of the Ozarks. A contract with Community Bank of the Ozarks enabled Doug Coverdell to finance a defense from a quiet title suit where  Empire District Electric sued  the City of Branson, Doug Coverdell and six other parties. While the City of Branson is a defendant, a seperate lawsuit claims Branson collaborated with Empire District Electric to steal land in order to build the Branson Landing project. Coverdell also alleges that Holstien acquired his personal financial records and co-operated with the bank to pull the loan. During testimony

Community Bank of the Ozarks ...To be continued....

 

Branson Landing Land Dispute - Attorney Roster (The Players)

The working document contained below is an attempt to provide an exhaustive record of the attorney's that have worked on the Branson Landing land dispute currently tied up in the court of appeals. The story is complex and developing. To properly understand the case it's important to review the history, players, relationships and legal action. Recently, the court of appeals reversed a Taney County jury verdict granting disputed land to Coverdell. It is anticipated that Coverdell's counsel will ask for reconsideration sometime this week at which time the case is likely to either head back to the circuit court for correction or up to the Supreme Court for review. Over the next week documents revealing case history and in-depth coverage of the players will be posted.

It's been seven years since Empire District Electric initiated a quiet title lawsuit attempting to take a citizen's private property overriding a deed that had been on record for 30 years. 

To date, the lawsuit has cost Branson taxpayers millions and promises to pay millions more to some of Missouri's top legal counselors. 

Peter Rea

Peter Rea is a former attorney and Taney County Judge who was disrobed in 1999. 

Property Rea sold on Lake Taneycomo is the source of millions spent in litigation for legal services from  Missouri's top law firms. Rea's son-in-law is the Chief Financial Officer for HCW.  In a sense Rea wins regardless of the outcome of the case. 

If the land Rea sold is eventually given to Empire District Electric, they have promised Branson will have the property. If Branson gains ownership through Empire, HCW continues development through a contract with the city and the assets benefit Rea's heir. 

Prior to the current Branson Landing property dispute,  Rea successfully battled Empire in the early 1970's as an expert in land/title law for a property owner who owned the land Rea eventually acquired and sold to Douglas Coverdell.. 

In lieu of cash for legal services, Rea accepted payment in the form of land which at the time was perceived to be of little value. The prior owner believed maintaining the property was more work than the land was worth. Rea cleared the peninsula with the help of a brush hog and continued to maintain the property for decades unchallenged. During the 1970's, with Rea's permission, Branson High School held track practice on the land. At one time the land was known as Peter's Point.

Rea's ownership remained unchallenged for 32 years before Branson leaders would plan a multi-use development project which when completed had an estimated value of $450,000,000. 

During the planning stages, Branson leaders would quietly begin purchasing property on the Taneycomo shoreline. Some landowners were paid very little, others, aware that Branson was planning a multi-million dollar project received heavy payouts.

Branson leaders would work with Empire District Electric to complete the lakefront project. In order to secure part of the land, Lathrop and Gage, on behalf of Empire would file a quiet title claim against 8 parties on the northern end of the project keeping the property tied up in the courts until the Branson Landing project was complete. 

Empire succesfully tied the land in the court system until the project was completed inking side deals with Branson leaders to ensure the project completion. The side deal included a lease for the minimum acceptable amount the court could legally view as consideration - a buck a year to lease prime lakefront acreage.. 

The case was tied up for several years before Empire dropped their lawsuit after a frustrated judge disallowed any more continuances. After six years of stalling judgement in court the presiding judge demanded the quiet title case go to trial. Empire immediately dimissed their claim overlooking the fact a counterclaim had been filed. The case quickly went to trial and a Taney County jury ruled Empire did not own the land. 

Paul Link

Before Paul Link signed a contract with the City of Branson in 2005 to serve as Branson City Attorney he worked for Lathrop and Gage. Empire District Electric would hire Lathrop and Gage to quiet title on disputed property within the Branson Landing border.

Link would work with Empire District Electric's counsel and development firm HCW to complete the Branson Landing. 

The project was controversial at the time. Branson's current mayor was attempting to build a version of Minnesota's Mall of America and worked vigorously to sabotage Branson's efforts to develop the Branson Landing project.  Sunshine requests made through the current mayor's business partner reveal title issues were creating a problem.

In order to bypass title issues Empire District Electric leased land to the City of Branson on the Taneycomo waterfront for $1 a year. In turn, Branson would lease the property to HCW. The partnership shifted some of Branson's  legal exposure to Empire. 

HCW principle Rick Huffman negotiated a $50 million tax abatement with Missouri's Governor which ensured the project's green light. 

The workaround, a long term dollar a year lease agreement, allowed the city to complete the Branson Landing project without having to settle the land dispute. Ironically, Branson remained a defendant while working with Empire, the Appellate, to acquire the land. At one point all three parties claimed to own the property in dispute.

Over $90 million dollars in loan contracts would represent that the Branson Landing property was not currently in litigation.

John Holstein

John C. Holstein was hired by the City of Branson through one of Missouri's most prominent law firms Polsinelli Shughart. Holstein served 12 years on the Supreme Court of Missouri and as Chief Justice from 1995-1997.

Branson leaders have yet to honor Sunshine Law requests for records of public funds provided for Holstein's services; however, Branson budget reveals $750,000 has been allocated for outside legal counsel this year. Holstein submits bills at an unknown rate. 

Holstein entered into the record minutes before a hearing began before the Missouri Southern District Court of Appeals. Speaking on behalf of Branson, Holstein successfully pleaded for judicial activism from the three judge panel to stop execution of a Taney County jury verdict awarding the disputed property to Douglas Coverdell.  

Holstein also has the distinction of being Link's father-in-law. While Holstein successfully extended the period of time for the case to be resolved; attorneys close to the case believe he strengthened a parallel case accusing the City of Branson of conspiring with Empire District Electric. Due to the contractual claims that the Branson Landing property was not in dispute, Holstein saved his son-in-law from the potential of serious trouble. On the flip side, if the conspiracy case proves to have merit, the City of Branson may have greater exposure.

Missouri Southern District Court of Appeals Ignores Orgy of Evidence Proving Branson's Awareness of Branson Landing Lawsuit

In 2004, Attorney Brian K. Asberry of Neale and Newman filed a voluntary dismissal of adverse possession claims as a defendant against Empire. The document was filed two years after Empire District Electric sued the City of Branson and Douglas Coverdell to quiet title on land, some of which is now part of the Branson Landing project. In the document above Coverdell's interest is abeled THE BRANSON PAPER INC.

Coverdell claims assert through a chain of title with a legal description that at one point all three parties - Branson, Empire District Electric and Coverdell claim to own. The legal description Branson. Empire and Coverdell claim is illustrated below.

The case was bifurcated as Coverdell didn't object to Branson battling empire over the west side of the pennisula (highlighted in yellow) . Branson, understanding attempts to take more land in the grid would be unfruitful backed out of the case. During an appeal Branson was asked if they were claiming ownership of the land in question. Branson responded, "No sir, only through a lease agreement with Empire'.

According to the Missouri Southern District court of appeals, Branson's participation in the Branson Landing/North Beach park lawsuit ended in 2004. They further allege Branson wasn't properly noticed.

Provably impossible to argue without a former Supreme Court Justice, the assertion is demonstrably wrong. Legally Branson is in a pickle which colors the case.

Branson has to prove Empire District Electric owns the land (playing Appellant and Defendant) and at the same time haven't plotted with Empire to protect themselves from exposure from a lawsuit that hasn't been discussed in the press.

In a lawsuit separate from the Branson Landing land dispute , Coverdell alleges the  City of Branson and Empire District Electric conspired to steal a plot of land he owns on the Taneycomo lakeshore.

The photo posted below this paragraph was shot from a small digital camera during a Taney County Trial where ownership of the title was heard by local citizens. The focus of the jury trial centered around North Beach Park follwing Coverdell's claim to the property through chain of title. On the photo shot Jan 12, 2010 Branson City Attorney Dub Duston and Branson's hired gun Brian K. Asberry listen to pre-trial proceedings at the Taney County Courthouse.

During opening arguments, Coverdell's counsel would mention the city of Branson had legal counsel present. According to the Southern District Court of appeals the mention wasn't enough evidence to prove Branson was aware or participated in the trial; however Branson's Board of Alderman met with Empire District Electric on dozens of occasions and continued to provide funds for legal counsel to assist Branson in the property dispute. Empire District Electric's attorney's promised Branson leaders that they could handle Coverdell. Disputing the adage ignorrance isn't a proper defense; Branson succesfully argued to the Court of Appels that they were uninvolved and unaware of the lawsuit from 2004 to 2010 despite an orgy of evidence contradicting the claim.

Branson proceeded to develop the Lake Taneycomo waterfront raising the property value by millions of dollars. While a long trail of documentation details requests the 38th Circuit court straighten out the property dispute, contracts drafted with the help of Branson City Attorney Paul Link and Mark Fletcher created a workaround. In order to get loans on the Branson Landing property, contracts were signed stating that the property in question wasn't currently in litigation. Bank of America would file with the Missouri Court of Appeals claiming they have a $90 Million interest in the property granted to Coverdell by the Taney County Jury. To put a wrench in the verdict Missouri's Court of Appeals would overstep their usual bounds, recognize that Branson didn't comment during jury selection ( Branson counselors were some of the few people present) and never made any formal motions during trial.

What wasn't addressed was that between 2004 and 2010 Branson would create a new lease with Empire on the property in question, testify no legal action was currently impeding transfer of land, create a Tax Increment Finance (TIF) district as part of a plan to develop the Branson Landing and hold scores of meetings with Empire District Electric and discussing means to workaround the lawsuit.

The two lawsuits, one over land, the other alleging conspiracy are important as winning one cedes favor to a loss in the parallel lawsuit.

Branson Garden of Eden Sent to Limbo - North Beach Park (Background)

North Beach Park is a small Garden of Eden sitting on Lake Taneycomo in Branson Missouri. Ownership of the property has been in dispute for several years and the City of Branson promised Missouri's Supreme Court will hear the case before ceding to a recent Taney County Jury verdict granting ownership to Douglas Coverdell. The case is currently in the


North Beach inhabits the most diverse and plentiful fishing grounds, is scattered with trees over a century old shading wild strawberry patches. I've spent much of the last 72 hours fishing her water and surveying the land.  After a ruling  just released from the court of appeals Branson is well on their way to the Missouri Supreme Court.

They've argued they want to protect the land, however; with their help every tree on the 40 acres of disputed land has bee cut down. This includes a tree which was honored during the United States Bi-Centennial as a Liberty Tree.

Over the past two years it's been an area of personal interest and study. I've briefed the title history since the piece of land was claimed by the United States, talked to locals and attended court hearings as Southwest Missouri's most powerful players fight for control over what was once considered of very little value.

North Beach Park sits on a peninsula adjacent to the Branson Landing development, a project the local newspapers often remind, is a 450 million dollar property that was built a through Tax Increment financing (TIF). Disagreement over ownership tracks back to a time when the multi-million dollar property was worth $500.

Locals attest the property was transferred to defrocked judge Peter  H. Rea as a legal expense for defending a property owner against Empire District Electric during legal action that ended in 1972.

Why would anyone grant land to a country attorney who was known to provide counsel in exchange for twenty chickens (seems cheaper than acerage) ? Annual floods submerge the land leaving debris and junglesque overgrowth that was painful to manage. Before the Branson Landing was constructed the peninsula was of very little value, the 40 acres submerged periodically as Lake Taneycomo deemed fit..

The landowner figured it was more trouble to maintain than the property was worth. Rea took a brush-hog to the north part of the peninsula clearing the land enough for the Branson High School track team to conduct practice. For the thirty years ownership would be unchallenged until Empire District Electric filed a suit to quiet title on the land. Several other parties, including the city of Branson were sued by Empire District Electric as well.

As the quiet title suit ensued Empire District Electric, the City of Branson and Coverdell (who purchased the land from a distressed Rea) all claimed the own both the park and nearly 40 acres surrounding the land.

Branson claimed to own the property through adverse possession. Eventually, the city of Branson would voluntary dismiss their claim to the property after Empire promised Branson leaders they "couldn't lose" against Coverdell and promised to give the entire property (and a couple hundred more acres) to Branson for a dollar a year. Branson leaders trusted Empire, after all they had the most powerful law-firm in Missouri to ensure victory.

Ironically, the shamed Peter H Rea's family would prosper from the property no matter who won. Rea, who sold his position to Coverdell, has a son in law who serves as chief financial officer for development company HCW.  Before the lawsuit was settled, Branson contracted with HCW to build and manage the Branson Landing. From Empire to Branson to HCW - Rae wins the financial fruits of the property.

Empire's sworn testimony to Branson leaders prompted Branson to pursue the project and let Empire fight off Coverdell. Millions were borrowed from Bear Stearns who sold the note to Banks of America. One of the loans issued a $90 million dollar note holding the property as collateral. Former Branson City Attorney Paul Link inked the property wasn't in current litigation.

The dispute was heard during a ten day trial by a Taney County Jury. Branson's involvement during the jury selection process would come into question before the Missouri Southern District Court of Appeals. Coverdell would argue Branson was listed as a witness to testify, sat as co-counsel, participated in jury selection and had a second attorney appear in the court room audience. Fifty-nine days after the legal time allocated to appeal the jury's verdict city officials pulled a rabbit out of a hat.

Two morals can be derived.
Never underestimate the cost of justice.

Never ever underestimate a father's love.

Former Missouri Supreme Court Justice John Holstein's daughter was Paul Link's bride. Branson leaders allocated $750,000 in outside legal fees much of which was allocated Hostein to halt transfer of land.

Reporters for both the Springfield News-Leader and the Branson Daily News attribute credit to Branson Attorney (one of a dozen with hands on the case) Meadows with representing Branson to the Missouri Southern District Court of appeals this month. Meadows wasn't even present at the trial.

In Baseball terms, Branson sent in Links' father-in-law to pinch hit. Meadows wasn't even at the trial. Holstien entered as representation for Branson minutes before trial, submitted oral arguments and disappeared before the press could cover the courts ruling.


As Missouri's Supreme Court Chief Justice John Holstien proclaimed to the 1997 Missouri Senate and House of Representatives:

"The jury trial has served us well. It is a marriage of the best of our legal system and of democracy"

 Holstein seemed to disappear from the record except for a brief mention of his last minute appearance on the Missouri Southern District Court of Appeals record.

And while the marriage of our legal system with democracy is a virtuous notion; the marriage between a former Supreme Court Chief Justice and a Branson City attorney have successfully annulled the appearance of  unadulterated matrimony.