O'Day Park Lawsuit
(Damages were rather obvious)

Update on the Lawsuit. The lawyer after three years presented a terrible, "O'Fallon Friendly" paper for us to sign our rights away.

We, the residents abused by the park were stunned.

The lawyer worked closely with us for three years, encouraging us to "film everything" and was a beacon of great support.

Suddenly in March of 2021, as the court date approached,-his attitude changed dramatically: "We have no case" became his new mantra, and he is quitting.

The Lawsuit is over-No resolution

Sample of the damage caused by the park placing parking for 300 vehicles.

However the lawyer fled.

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Original page

Just returned from Missouri after a great visit with relatives and another inspection of the mighty Missouri River for the 2020, MR340 Kayak Race. (2019 race was canceled due to flooding)

MR340 Race

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While in Missouri I had an opportunity to talk with some of the residents of St. Charles County who had filed a lawsuit against the City of O'Fallon.

(To be fair I have often characterized O'Fallon as the "The Expanding Empire of O'Fallon")

The lawsuit filed in the St. Charles County Circuit Court, 11^th Judicial Circuit, concerns the City of O'Fallon's O'Day Park.

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The $11,000 "Terminus building" (or Hey, the taxpayers are not paying attention) "A problem in Florida and Missouri"

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I have often criticized the O'Day park for being a raid on the taxpayer treasury & possibly just a little crony capitalism.-a complete conjecture on my part.

"Just a feeling" although $11,000 for just one simple little shelter is in my opinion a definition of taxpayer abuse.

As well as the $30,000 lizard statue which I noticed had not been installed. Still in the works? 

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The Hwy DD bridge over the O'Day Creek.

The bridge constructed in 1944 is under assault from increased water speed and flooding.

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I have also criticized the O'Day park for the rather obvious damage to the O'Day Creek watershed: the turbidity, increased water speed and erosion. And observed with alarm the proposed development on the opposite side of the O'Day Creek. 

The 1944 bridge is threatened from increased flooding in the O'Day Creek.

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O'Day Park Playground on top of the old pipeline and artifact field

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However this trip to Missouri I was able to gather the complaints of the good folks who live around the park and their concerns and impact on their lifestyle and property.

All were in agreement that the park was far better than 600 homes crammed in their back yard, still they felt abused & misused by the City of O'Fallon

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Lawsuit case number 1911-CC01159

Six, identical counts with each plaintiff seeking relief from alleged damage, deemed significant, due to the construction and operation of O’Day Park.

Everyone agreed the O'Fallon had 55 acres to work with but constructed a lodge, road and entertainment area next to existing residents.

Problems abound...

There have been "arguments" with inebriated patrons of the lodge events who have trespassed from the park.

There has been diminished privacy and increased noise levels. There has been flooding of adjoining pastures. A rider was thrown from her horse after being startled by heavy equipment during the construction of the park.

And during construction of the park, O'Fallon officials had been rude or disinterested in residents concerns.

("Empire of O'Fallon" my words)

Also I have my doubts that rudeness although rude is lawsuit worthy?

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Erosion of O'Day Creek stream banks

a common complaint

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1911-CC01159  plaintiff allegations:

• Water diversion that erodes, destroys, devalues and wastes plaintiffs’ properties.

• Unnatural light that shines on plaintiffs’ properties for prolonged periods.

• Increased noise levels.

• Increased vehicle and pedestrian traffic.

• The unnatural and significant accumulation of trash and the corresponding smells of trash in close proximity to the plaintiffs’ properties.

• The disturbance of each plaintiff’s peace.

• The destruction of each plaintiff’s quiet enjoyment of their homes.

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So I do not have to live next to the park and cannot comment on the complaints. 

I did inspect the park. The lodge of course is crazy close to existing houses.

The park is very nice. And should be for the $7 million proposed price. Since the land was free, -once again my hackles go up....Was there any taxpayer abuse?

Terminus is very nice $11,000 pavilion. The concert area: approximately $70,000. The cutting down of old trees to plant little trees....and on.....

While in Missouri I heard everyone who pays taxes complain about the personal property tax and the vehicle inspection stations (another personal property tax)

I guess actually none of us has time to monitor the wolves in charge.

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Newspaper article about the lawsuit

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