Branson Landing dispute to Supreme Court - Courtesy of Mindy Honey Branson Daily News

Posted: Friday, August 12, 2011 2:56 pm By Mindy Honey |     A local businessman who claims to own North Beach Park and a portion of Branson Landing hopes the Missouri Supreme Court will review a decision handed down by the Missouri Court of Appeals earlier this year against his claims.     In July, Douglas L. Coverdell filed an application for transfer, requesting the Supreme Court look at the case. The request is currently being reviewed by the court, according to a representative.     “It is not surprising,” said Rick Huffman, CEO of HCW LLC, which leases a portion of the property in question. “This is the second request. The first one was denied on a technical error.”     Huffman expects the court will rule later this month on whether it will hear the case.     “We think it will be rejected in the Supreme Court,” Huffman said.     In January 2010, a Taney County jury ruled in favor of Coverdell and Coverdell Enterprises Inc., and against Empire District Electric Co., which for years claimed ownership of North Beach Park and leased the property to the city of Branson. The legal description in the ruling included not only North Beach Park, however, but also several buildings at Branson Landing, including the Belk building and the north Branson Landing parking lot.     On June 3, the Missouri Court of Appeals-Southern District reversed the decision on the 27 acres of land along Lake Taneycomo, stating the decision was in error.     The court opinion stated that “a judgement must be based on the evidence presented,” and “the error here is clearly so egregious that it weakens the very foundation of the process and seriously undermines confidence in the outcome of this case.”     The case is tying up two pieces of property Huffman plans to develop — a triangular piece of property near the Branson Landing roundabout and a gravel area often used for overflow parking on the far, north end of Branson Landing.     Huffman said at this point, with everything going on, they are unable to obtain title insurance.     “Obviously it is holding up all the development because the title is cloudy,” he said.     Not only has Coverdell filed a request with the Missouri Supreme Court, Bank of America and Arvest Bank have filed a quiet title case in Taney County. Defendants listed in the case include Coverdell and Coverdell Enterprises, as well as HCW Development Co., HCW Private Development and HCW North LLC.