A lawsuit filed in circuit court Tuesday seeks to stop The Rolla Mission’s homeless shelter services through court order. The litigation centers on the City of Rolla’s municipal code, The Rolla Mission’s current zoning and alleged negative impacts caused to nearby property owners.
Plaintiffs in the litigation are the Dale W. Wands & Sara V. Wands Revocable Living Trust, Triple Seven Rentals, LLC (signed by Mary Joann Stiritz) and Alcion Smith Salon, LLC (signed by Alcion Smith Bandy).
All are described in the petition as downtown Rolla property owners, and they allege they are adversely impacted by the operation of The Rolla Mission as an overnight homeless shelter.
Defendants in the case are The Rolla Mission and City of Rolla. The petition alleges The Rolla Mission’s operations diminish the value of the plaintiffs’ real estate, prevents the plaintiffs’ use and enjoyment of their property and creates a nuisance to the downtown Rolla business area that negatively impacts the incomes of the plaintiffs.
The petition specifically alleges The Rolla Mission isn’t properly zoned as C-1, Neighborhood Business District for its current operations as a homeless shelter, nor the petition claims is The Rolla Mission grandfathered into continuing its current sheltering operation without a conditional use permit or variance issued by the city.
It states no homeless shelters are permitted in any Rolla zoning district. The city’s C-1 zoning description is listed in the petition as, “a zone established to accommodate individual retail stores and personal service businesses that offer convenience goods normally considered a frequent or even daily necessity for residents of the adjoining neighborhood.”
The City of Rolla is alleged in the petition to be maintaining The Rolla Mission as a public nuisance by failing to enforce the Rolla City Code and halting The Rolla Mission’s operations outside the scope of its zoning.
The petition further states substantive due process guarantees the right of the plaintiffs to be free from the negative impacts of arbitrary zoning decisions.
Redacted from the petition are the addresses of the impacted plaintiff properties as well as the compensation amount sought by the plaintiffs against The Rolla Mission. What is listed is a request for a restraining order or injunction preventing The Rolla Mission from continuing to offer its homeless shelter services.
Filing the lawsuit on behalf of the plaintiffs was attorney David G. Bandre of Jefferson City. When contacted by Phelps County Focus on Tuesday, Rolla City Administrator John Butz said he is unable to talk about the legal case at this time. Ashley Brooks, director of The Rolla Mission, said she also wouldn’t be able to comment until after conferring with the nonprofit’s attorney. There was no answer at the telephone number listed for Dale Wands.
