San Francisco Tower residents file lawsuit against city of KCMO, Royals, Crown Center

KANSAS CITY, Mo. — San Francisco Tower residents have filed a lawsuit against the city of Kansas City, Missouri, Crown Center and the Royals to protect their property rights.

Last week, KSHB 41’s Tod Palmer spoke with David Byrn, vice president of the San Francisco Association and a former Jackson County judge. Byrn said residents felt they may have to seek legal action after their concerns were repeatedly ignored.

RELATED | San Francisco Tower residents retain counsel as concerns about new stadium project are ignored

Concerns range from structural damage from demolition and construction to dust and dirt, possible damage to water systems, noise and light pollution, security, and whether windows would be sufficient to block out light and noise.

“We have said from the beginning that we support bringing the Royals downtown. We have only ever asked to be included and protected,” Byrn said in a news release announcing the lawsuit.

Earlier this month, residents met with Royals Vice President of Real Estate and Development Brooks Sherman, Crown Center President Stacey Payne, City Councilman Crispin Rea and City Manager Mario Vasquez. Another meeting was held shortly after with KCMO Mayor Quinton Lucas.

In those meetings, residents raised their concerns and asked to keep their amenities. But Byrn said, “The answers to our questions were no, so I don't think that's a good faith two-way dialogue.”

The 33-story condominium, which sits within 100 feet of the proposed stadium and ballpark district, is home to roughly 135 households and was built in 1976. For nearly 50 years, San Francisco Tower has held the recorded rights to easements and covenants that lie directly within the proposed ballpark district. Byrn said the association is “asking the court to see that they are respected.”

In the lawsuit, the San Francisco Association mentions that San Francisco Tower is not mentioned in 165 pages of agreements between the team and the city.

MORE | Full lawsuit attached here

That is especially worrisome to residents who are concerned about the systems that deliver power and water, as well as access.

The recorded rights mention the tower’s mechanical plant, electrical and mechanical rooms, utility rooms and a tunnel beneath Grand Boulevard.

The lawsuit states agreements between the city and club make no provision to “protect or pay” for the easements and covenants, and the developer’s plan admits it will need “utility easement releases,” which the association says only it can grant.

Additionally, the association maintains there has been no communication about future requests or offers to purchase those releases.

“This case is about property rights and the rule of law,” Kenneth B. McClain, lead counsel for the association, said in a news release. “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.”

KSHB 41 reached out to the city, Royals and Crown Center for comment. The team said they cannot comment on an active lawsuit.

The city and Crown Center have yet to reply, but this story will be updated if/when they do.

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