Parker, Dana and William - Testimony Transcript

Transcript of the Testimony of Dana and William Parker
Date: December 17, 2013 Volume: I Case: In Re: Joplin Critical Investigation
Printed On: December 27, 2013
Holliday Reporting Service, Inc. Phone: 417-358-4078 Fax: 417-451-1114 Email:daholliday@hotmail.com Internet:
Dana and William Parker
In Re:
Joplin Critical Investigation
Page 1
IN RE:
JOPLIN CRITICAL INVESTIGATION
SWORN STATEMENT OF
DANA PARKER and WILLIAM PARKER
Taken on Tuesday, December 17, 2013, from 4:53 p.m. to 5:38 p.m., at the law offices of Juddson H. McPherson, LLC, 626 S. Byers, in the City of Joplin, County of Jasper, State of Missouri, before SHARON K. ROGERS, C.C.R.650, a Certified Court Reporter and a Notary Public within and for the County of Jasper, and State of Missouri.
Holliday Reporting Service, Inc. 417-358-4078
In Re:
Page 2
APPEARANCES
MR. THOMAS E. LORAINE Loraine & Associates, LLC 4075 Osage Beach Pkwy., Suite 300 Osage Beach, MO 65065
tellaw@loraineandassociates.com
In Re:
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S T I P U L A T I O N
IT IS HEREBY STIPULATED AND AGREED that this Sworn Statement may be taken by steno-mask type recording by SHARON K. ROGERS, a Certified Court Reporter, and afterwards reduced into typewriting. It is further stipulated that the signature of the witness is hereby waived, and that said Sworn Statement of said witness shall be of the same force and effect as though said witness had read and signed Sworn Statement.
In Re:
Page 4 I N D E X Page/Line DIRECT EXAMINATION BY MR. LORAINE . . . 5-4
(Exhibits #53 was to be emailed to Holliday Reporting Service following the deposition. At the time the transcript was completed the exhibit had not been received. If received at a later date, exhibit will be forwarded to Mr. Loraine) E X H I B I T S Exhibit #51 Map Exhibit #52 . . . . . . . . . . . . . . 22-15 33-13
Map and development drawings Exhibit #53 . . . . . . . 36-17
Deed of Records
Note:
Exhibits in separate binder
(sic) - typed as spoken (ph.) - phonetic
In Re:
Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. DANA PARKER and WILLIAM PARKER Having been first duly sworn and examined, testified as follows: DIRECT EXAMINATION BY MR. LORAINE: Q. A. Q. A. Q. Ma'am, would you state your name? Dana Parker. Sir, what is your name? William Parker. Now there was a Mr. Parker that just came in, Tim Parker. As I understand it you're not
related to him in any way? BY MR. PARKER: (By Mr. Loraine) Right.
And you just happened to What meeting was
bump into him at a meeting. it? BY MR. PARKER: (By Mrs. Parker)
City Council meeting. No, Board of Appeals or
whatever that is. (By Mr. Loraine) Board of Equalization?
Building Board of Appeals. Building Board of Appeals. letter? That is one of our letters from them. You're looking at a November 18 letter that is dated to William and Dana Parker, 1808 What's that
In Re:
Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. A. Q. S.E. Murphy Boulevard. address? Yes. It's signed by Jeff Oliver, Building Inspector for the City of Joplin, and you're appearing before the Building Board of Appeals, is that right? Yes. And that's where you met this other Mr. Parker? Uh-huh. All right. I'm investigating some issues for Is that the correct
the City and one of the issues is Councilman Scearce supposedly being involved somehow in some kind of gambling issue. Do you have any knowledge on that? BY MR. PARKER: (By Mr. Loraine) No knowledge of that. And the other issue I'm
discussing is the former City Mayor and present City Council member Woolston and his involvement with real estate and possible conflict of interest on that. Do you have
information for me on that issue? (By Mrs. Parker) All right. Yes. What
Let's talk to Dana first.
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Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. Q. A. A. Q. (By Mr. Loraine) Would you feel more A. information, Dana, do you have? Where to start. Should we start back at the
neighborhood meeting? BY MR. PARKER: Neighborhood meeting.
comfortable letting him take the lead? (By Mrs. Parker) where to start. All right. Start the earliest possible. No, I just didn't know
That we can think of we had a neighborhood meeting in October of last year. 2012? '12. We were invited. And they had Woolston
and Rosenberg, Councilman Rosenberg were both there. And people just had questions about Most of the people lived - well,
the area.
where they lived is where the movie theater is going and all that, the library, and they were concerned because Mike Woolston kept knocking on everybody's door wanting to sell their property, even if they'd already rebuilt, sell it so we can tear it down. So he had been doing that prior to this meeting?
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Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. A. Yes. Did he knock on your door? Not at that time, no. Okay. Go ahead.
But we started asking questions and he told us at that time that we were stupid for rebuilding, that we had no business rebuilding because we shouldn't allow the City to take over our property for commercial development. And that was at the meeting that Rosenberg was there? Yes, the neighborhood meeting. numerous things. And he said
Oh, we asked why they
couldn't put a grocery store out in the area of Sunset Ridge, which was more where the storm started, and he told us at that time that those people were too important, we couldn't do that to them. Property values were higher out there is what he said? What he said was those people were too important, we can't do that to them. That's what he said, okay. BY MR. PARKER: Exact words.
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Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. Q. Q. A. Q. A. Q. A. (By Mr. Loraine) (By Mrs. Parker) No kidding. And we said, well, we live
on Murphy Boulevard, we just feel a huge hole. Well, that's stupid and that park That's a waste of space
needs to come out.
in Joplin, we need to be providing jobs for people and building more commercial. And
people got upset at that point because that park was deeded to the City to be left alone with no structures on it. By? A mining company back whenever. ago. And that park was next to your house? Across the street. Sure, that would make A long time
great commercial property, but we live there. Have you rebuilt your home? Yes. And how much money did you put into your house, if I may ask? BY MRS. PARKER: BY MR. PARKER: $625,000.00. (By Mr. Loraine) substantial home. So I mean it's a That's up to you. We're about
In Re:
Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. Q. A. Q. A. A. (By Mrs. Parker) Very substantial home. We
have approximately 3 acres. Okay. We received a letter in I think it was May, I don't have the exact date. This is probably
the first letter we got where the Building Board of Appeals - we had bought property down the street from us hoping to build another home on it for rental or to sell or whatever and to keep our street residential because we'd heard rumors of the people next door to us wanting to build apartments or duplexes and we thought, well, we'll buy another property and the lady was willing to sell. We received this letter --
You bought that property then? There's our house, then there's a lot, and then we bought another property. And you paid residential prices for that property? Yes. BY MR. PARKER: Well, we paid more
than residential price, but -(By Mr. Loraine) that property? How much did you pay for
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Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. it. BY MR. PARKER: There was a house on A. Q. (By Mrs. Parker) $28,000.00.
And what would those lots normally go for in there? BY MR. PARKER: There wasn't a thing
on it. When we originally bought ours it was -BY MRS. PARKER: There was a house on
it and we put two additions onto that house for another $115,000.00, $120,000.00 when we bought it. BY MRS. PARKER: Before it blew away. Before it blew away.
BY MR. PARKER:
But this house, there was nothing there, it was a blank empty lot. So I mean we overpaid
for the lot, but we wanted the lot strictly because -BY MR. LORAINE: BY MR. PARKER: (By Mrs. Parker) For protection? Yes. So we
For protection.
received a letter from the Building Board of Appeals saying that the driveway, the asphalt - the same letter kind of. (By Mr. Loraine) And the letter basically
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Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. A. A. Q. A. was from the building inspector and they wanted you to appear again before the Building Board of Appeals. That was like the first letter. This is the first time and this is May 30th? I think that's the first letter. remember the exact date. What then occurred? We received this letter. Two days later Mike Do you want I can't
Woolston shows up at our door. to sell that lot?
No, it's not for sale.
Who was he proposing to buy it for? Did not tell us a thing. it? Do you want to sell
He went next door to the south of us,
asked them if they would be interested in selling their backyard, a portion of their backyard. No.
Who was that neighbor? Vernon Lawson. Verna? Vernon Lawson. But he didn't speak to Vernon
himself, he spoke to my sister-in-law who answered the door. Who is your sister-in-law? Cindy Lawson.
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Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. Q. A. Q. A. That's Vernon's -Daughter-in-law. Cindy Lawson, okay, and what did Cindy say? She said he's not here right now - I wasn't there, but what she told me was that he's not here, but I'm sure he will tell you no, he does not want to sell his backyard. Woolston left. So
Didn't tell us who wanted it I didn't ask. I was so
or anything else.
take aback because he shows up in the middle of the day. And he is a City Alderman? Councilman, yeah. realtor, also. Of course I knew he was a
You know, people don't just
randomly show up on our street because there's not really very many houses there. Especially now there's not very many houses. With the park on the other side there's just not. It's not convenient to go door-to-door So time went by, and I've got Oh, well, we went to the
on our street.
that other thing.
hearing on that lot, you know, because we had that dangerous driveway. The lot next to us
- should I show him that picture? What was the lot number that you bought?
In Re:
Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. us. (By Mr. Loraine) Now as I understand it A. Q. A. A. A. 1916. BY MR. PARKER: It's actually a
miscellaneous lot so it's part of a big -BY MR. LORAINE: So how can you
describe it? It's two houses -BY MR. PARKER: It's two houses down. South of you?
BY MR. LORAINE: BY MR. PARKER: We're actually Lot 111. (By Mrs. Parker) Q.
South of us, yes.
But they keep telling us -Let's hang up here now for
(By Mr. Loraine)
a minute. The lot you bought was two lots from you south. identify it? Correct. That's the one you bought from the lady? Correct. BY MR. PARKER: There's a lot between That's the only way I can
that's the one that Woolston asked you if you wanted to sell? (By Mrs. Parker) Okay. Yes.
Tell me the next thing that happened.
Well, we go to the meeting.
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Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. A. A. Q. A. Q. The board meeting? This hearing thing. You're supposed to take your driveway out of that lot? Correct, because it's a dangerous structure. It said so in the newspaper, such vandalism had occurred, and I asked them at that time is tornado a vandalism thing. But the lot in between our house and the lot we own does have a driveway that has never been worked on since the tornado. far (indicating). It falls off about that It is kind of dangerous.
We've seen cars try to drive through there. They didn't receive a letter. What's their name? Sage. Now the lady that did own it at the
time has passed away since, but that's part of the story. Of course we're asking, you Well,
know, why they didn't get the letter. we're not picking on anybody. them.
We'll get to
Well, there's been plenty of time.
So are you now removing your driveway? BY MR. PARKER: BY MR. LORAINE: BY MR. PARKER: No. Are you going to? Not if we don't have
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Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. so. BY MR. PARKER: (By Mrs. Parker) I shouldn't have to. to. BY MR. LORAINE: Well, I mean they're
going to tell you that you have to. BY MR. PARKER: I know. The City
Assessor tells me that is a $3,000.00 improvement to the property. taxes on it. I'm paying
I shouldn't have to remove it. No, I wouldn't think
BY MR. LORAINE:
We didn't really care about
the driveway, it's the fact that they're telling us we have to because it was there before the tornado. (By Mr. Loraine) Have you thought about
getting an attorney? We've thought about it. We just haven't. Any
Well, you know, here's the bottom line.
action against the City on this is going to cost a lot of money. Unless you people all
go together in some kind of a class action or something you're not going to be able to afford it. I mean maybe you can afford it,
but I don't know that you want to spend that kind of money. But somebody needs to get a
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Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. Q. A. Q. Q. A. Q. A. A. group. Well, I know, but that's not the end of our story. I want to hear some more. I would like to tell you. BY MRS. PARKER: her or do you want me to? (By Mr. Loraine) (By Mrs. Parker) lot. What's your dad's name? Vernon Lawson. He's our next door neighbor. No, I want you to tell. So my dad was down on that Do you want to tell
You should have just said it was your dad that owned that lot, Vernon Lawson. right, that's your father? Yes, he lives next door. All right. Tell me all the truth, not just All
some of it. Just tell it all. Anyway so he was down there on that low mowing it one day in I would say September. Late August. actually. It was in August I believe
And Les Sage, who is the son of
the lady that had owned the lot in between us stopped in and was telling us how she was doing, she was in a nursing home, and he said
In Re:
Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. we know you guys are interested in buying it because we - well, my dad, we, we all talked to Les Sage numerous times after the tornado asking are you ready to sell the lot yet just because we were interested. More protection? Yeah, we didn't know what we wanted to do, we just kind of thought, hey, what the heck. And he winked and he said we're going to take care of you after Mom passes and we'll call you back and we'll work out a deal with you. That lot was 2 acres-ish. And he said we're
just dealing with Mom right now, we'll get with you. He said now we did have an offer
of $200,000.00 for a guy on 20th, because the lot kind of comes up from an angle, it's an angly street, and he wanted to put a road from his office that he was building through to Murphy Boulevard. You'd have to see it. He said,
Anyway $200,000.00 for that lot.
but we know you don't want to pay that much, but we'll talk to you after Mom dies. she died the next week. Well,
Two days before - we
didn't hear and we didn't hear and we didn't hear. Let's see, Thursday before Labor Day
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Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. Q. A. A. the doorbell rings again, and you were home this time, and it was Mike Woolston. And he
shows up with this piece of paper right here (indicating) and says - I've got to get my bearings on it. BY MRS. PARKER: (indicating)? BY MR. PARKER: is us (indicating). (By Mrs. Parker) This is us (indicating). This is our lot No, that's Les. This Is this us
This is Murphy Boulevard. here (indicating). (By Mr. Loraine) This is our house. is (indicating). BY MR. PARKER: here (indicating). BY MRS. PARKER: (By Mr. Loraine) "our lot". (By Mrs. Parker) live. Okay.
Your lot is between -This is where our house
This is our lot right
Oh, yeah, that way.
Why don't you mark on there
This is where we
Put "home" on there in your own printing. (Witness complies) Home, okay.
That's your home and are these your lots,
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Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. A. you. BY MR. LORAINE: explain it to me. (By Mr. Parker) 111. This is our lot, this is All right. You A. also? Is this one? BY MR. PARKER: I'll explain it to
This is Lot 112 right here and what
happened is we bought this lot, also. (By Mr. Loraine) numbers. Let me explain it to you first. Vernon, her Let's designate these lot
dad, bought this lot and tore this house down, okay. He then divided this lot in half
and this is our property line (indicating). So that's what this other line here is for. So this is all our property line which is 2 1/2 acres. Put your initials by that. Witness complies) What did you put there? WP. What are they?
Dana's dad now, this is his whole lot.
Including the yellow? Yes, we go all the way back. Well, he goes all the way back.
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Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. tornado. (By Mr. Loraine) This is the lot you bought. Q. A. Q. A. Q. A. Q. A. A. Well, so do we. (indicating). We go back to this corner This is my lot. His is from
this point up to the corner. Put his name on there. (Witness complies) that. All right. Square that. It's Lawrence? He owns
Vernon Lawson.
He owns this one. BY MRS. PARKER: this lot (indicating). (By Mr. Parker) Marshall Hoag, but we have Now Marshall owns
nothing to do with that one. (By Mr. Loraine) Where is this lot that --
We bought this lot right here (indicating). When did you buy that lot? BY MRS. PARKER: That was after the
Okay, what are you going to call that? (By Mr. Parker) This is the Sage lot. We'll call this
BY MRS. PARKER: 1916, I guess. (By Mr. Loraine) (By Mr. Parker)
Is that the address? Yes.
That's the one that you bought to protect
In Re:
Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. Q. A. Q. A. Q. yourself? Right. So the Sage lot is in between. BY MRS. PARKER: our door. (By Mr. Loraine) paper. And he gives you this Now --
Woolston shows up at
I'm going to mark this paper. Yes, he gave us that piece
(By Mr. Parker) of paper exactly.
I'm going to give you back now what's been marked as Exhibit #51. Let me get this
straight. This Exhibit Number #51 except for the marks that you just put on it at my instructions was given to you by Mr. Woolston including the yellow marks? way, is that right? BY MRS. PARKER: (By Mr. Loraine) 8/29/2013. Yes. That came that
And the date on that was
All right, now without marking
anymore tell me the story. BY MRS. PARKER: doorbell. He rings the Do you
You talked to him more.
want to do it? (By Mr. Loraine) (By Mr. Parker) Yeah, sure. He came to the doorbell and
In Re:
Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said we. BY MR. PARKER: acquiring it for -Well, we. He was Q. A. A. Q. A. Q. Q. A. A. he was just I guess he wanted to talk to us about this lot. What he told us was that -What he said, I
BY MRS. PARKER:
didn't know you lived here. (By Mr. Parker) there. Yeah, he didn't know I lived
I work for a title company in town. What title company?
(By Mr. Loraine) Abbey Title.
So I deal with these realtors a
lot and he was a realtor with Pro 100 which is one of our big clients. us and what he told us was -Did they cut off any business with you or anything yet? No. Okay, just wanted to hear how that's going. No, he has since left Pro 100 so I don't have to worry about that anymore. Okay, that's a good thing. Yes. Well, he came up to us and he says the But he came up to
City is acquiring -BY MRS. PARKER: No, he did not. He
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Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. though. (By Mr. Parker) Yeah, he didn't say. But he BY MRS. PARKER: He didn't say who,
just came up and said they've already talked to this property owner, the Sages, and they were going to acquire this property and trade for this piece of property. And we said,
well, we don't own all of this property. Well, then we would all have to divide this up. And then we said, well, this piece
that's back over here is somebody totally different that we don't have any control over. He says, well, then we can actually do
a monetary trade with them, but this would be this piece for this piece of property (indicating). BY MRS. PARKER: to buy this lot. BY MR. LORAINE: BY MRS. PARKER: The Sage's lot? Uh-huh, in exchange He said we're going
you will give us your backyards, this yellow stuff. Doesn't that sound like a good deal? BY MR. PARKER: like a good deal. Doesn't that sound
And then later we talked
to Mr. Sage and Mr. Sage said that he was
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Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of? BY MRS. PARKER: who wanted this property. to tell you. BY MR. PARKER: I'm not at liberty to We asked Woolston I'm not at liberty this. BY MR. LORAINE: Who did you ask that offered $200,000.00 for this lot. BY MRS. PARKER: BY MR. PARKER: Earlier. Yeah, but he was
still offered that amount of money for it. BY MRS. PARKER: who wanted this. BY MR. LORAINE: BY MRS. PARKER: From Mr. Sage? Well, who wanted So we were asking
say, and then that's when I told him, I said, you guys aren't giving us a straight answer on anything. Why would we want to trade or
want to sell or want to do anything with you if you won't tell us what's going on? BY MRS. PARKER: will be good. It will be good. It
It will be the Four State You know they build
Homes, they're good. good stuff. BY MR. PARKER:
Quality.
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Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now? BY MRS. PARKER: Yes, there is one BY MRS. PARKER: BY MR. LORAINE: for Four State Homes now? BY MRS. PARKER: BY MR. PARKER: BY MR. LORAINE: BY MR. PARKER: Yes. He says he doesn't. He said he did not? He told us he does Quality stuff. But he also works
not work for Four State Homes. BY MR. LORAINE: BY MR. PARKER: maintained all along. office. When was that? That's what he He works in their
He has his own company inside of Well, he has since moved out
their building.
of their building into another building out south of town. BY MRS. PARKER: Owned by Dr. Joseph.
You've probably heard that name. BY MR. PARKER: But this property
back here (indicating) -BY MRS. PARKER: right here (indicating). old cul-de-sac of homes. BY MR. LORAINE: Are they all gone This is 20th Street This used to be an
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Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 into it. BY MRS. PARKER: Nobody ever moved time. BY MR. LORAINE: BY MR. PARKER: Who was that? Nobody ever moved home rebuilt. BY MR. PARKER: They rebuilt the same
into it. It just got built. BY MR. PARKER: Four State Homes has
purchased that property now. BY MR. LORAINE: BY MR. PARKER: BY MRS. PARKER: The house? Yes. Well, as far as we That whole
know it's Four State Homes.
street, that whole everything there. BY MR. PARKER: Except for this lot And they have
and this lot (indicating).
grass so tall you could hide a person in it. BY MR. LORAINE: straight. Now let me get this
Your father-in-law owns the
section in question including the tip that's in yellow? BY MRS. PARKER: BY MR. LORAINE: Uh-huh. Okay, you own where
your home is marked including the tip that's
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Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 party. BY MR. LORAINE: So they want this party? BY MR. PARKER: He's a different in yellow? BY MRS. PARKER: BY MR. LORAINE: Yes. Who owns this piece? Marshall Hoag.
BY MR. PARKER: BY MR. LORAINE:
And he's a different
little triangular piece, they being whoever Woolston is representing? BY MR. PARKER: Whoever he's
representing, but they're not at liberty to say. BY MR. LORAINE: happening? BY MRS. PARKER: take this instead. BY MR. LORAINE: BY MRS. PARKER: else is happening. BY MR. PARKER: BY MR. LORAINE: That's just it. So you don't know if I understand. We don't know what But he wants us to Now what else is
there's going to be a commercial development next to you?
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Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MRS. PARKER: We've heard HUD
housing, we've heard grocery store, we've heard -BY MR. PARKER: Oh, then the best
part is the next day after he brings this to us - I told him I didn't trust him. "I do not trust you. I said,
You're not giving me a
straight answer on what's going on here." The next day he shows up at my office and he says, well, to show me that I'm telling the truth he brought me this piece of paper. This is what they're going to do. I told him
I didn't want some crappy fence in my backyard and he says, oh, it's going to be quality work. That's what he told us about
Four State Homes, they were going to put up this nice wood fence, this is what their site plan is, they're going to put in HUD housing, lock living. BY MR. LORAINE: BY MR. PARKER: BY MRS. PARKER: with you, didn't he? BY MR. PARKER: Yes, lock living, but HUD housing? And lock living. He did use that word
this is what he brought me and I said, "Well,
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Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Billy? BY MR. PARKER: BY MRS. PARKER: This is Delaware. This is Delaware, so year. BY MR. LORAINE: So if you were to Mike, what is all this stuff?" Well, I'm not This is
at liberty to say what all this is.
back here where they're wanting to take our property. This is Connecticut, this is where
they're talking about the movie theaters and stuff. But they're talking about putting in
all these little boutique shops and lock living above, but they want this corner. what we didn't understand at the time that this was drawn out this corner is in their little list. BY MRS. PARKER: web site for months. BY MR. PARKER: This has been over a This has been on the And
draw the line it would be here? BY MRS. PARKER: Where is Carolina,
that is right here (indicating). BY MR. PARKER: already got this. BY MR. LORAINE: Where does this Here. So they've
In Re:
Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. BY MRS. PARKER: here, right in here. BY MR. LORAINE: Which side? This This is this right it. BY MR. LORAINE: BY MR. PARKER: Is it right here? No, we've back over there. BY MRS. PARKER: cul-de-sac. There's a little plan. BY MR. PARKER: It's already in yellow piece show up on this map? BY MR. PARKER: right over in here. It's got to be like
I can't really tell. Okay, here's the
BY MRS. PARKER:
What does that say? Where is your
BY MR. LORAINE: property? BY MRS. PARKER:
I'm trying to find
bottom line, is that this? BY MRS. PARKER: This all goes kind
of it would overlap sort of somewhere in here. There, right there. That's it right
in here.
Somewhere one of these says
Carolina on it, but I can't find it right
In Re:
Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 call -BY MR. LORAINE: Just a minute. Let now. BY MR. LORAINE: BY MR. PARKER: Where is Carolina? They were talking Delaware would be
about taking Delaware out. gone.
I'd have to take my contacts out to
read it. BY MR. LORAINE: Guess what? You're Here is
not going to see any street names. South Delaware up here. BY MR. PARKER: BY MRS. PARKER: Carolina.
So that's it. But that's not
Delaware is back here. Yeah, so Carolina has
BY MR. PARKER:
got to be this street right here. BY MRS. PARKER: somewhere shows Carolina. BY MR. PARKER: But he brought this One of the drawings
to me the next day at work saying, see, I'm telling you the truth. planning on. This is what we're
This is what's been in the
paper for a year and you're still not giving us any information on what's happening. BY MRS. PARKER: Then we get a phone
In Re:
Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me catch up with you. I know you think this
is silly, but I have to translate what you're saying with the pieces of paper that you're giving me so we've got a complete story and this lady here is trying to translate everything we say, okay? So you have handed
me Exhibit #52 which is something that Woolston brought, and it's dated 8/29/2013 so I don't know what the significance of the date is, but he brought this to your work and that's the piece of paper that he handed you along with three pages attached to that? BY MR. PARKER: BY MR. LORAINE: Exhibit #52. BY MR. PARKER: BY MR. LORAINE: Who wants to go? BY MRS. PARKER: train of thought. BY MR. LORAINE: Why don't he and I So as far as I do, but I lost my Yes. I'm with you so far. Right. Okay. That's
talk and you think about it.
identifying this little yellow strip I see it again on the first page of the document and I see the Sage lot.
In Re:
Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. BY MR. PARKER: Right, he stapled
another copy of this back to this same one so he brought me the same thing twice. BY MRS. PARKER: right here. BY MR. LORAINE: BY MRS. PARKER: All right. And then they're This is a church
wanting to come in and take all of this. BY MR. PARKER: Yeah, the church has
already put up a chain link fence across here, but these two lots that are here have still not sold. (By Mr. Loraine) A. Who has got those for sale? The original property I don't even
(By Mr. Parker)
owners.
This was a doctor.
know his last name. BY MRS. PARKER: (By Mr. Loraine) (By Mr. Parker) Starts with an A.
Old doctor? No, he's younger. He's only
been an M.D. for ten, eleven years. BY MRS. PARKER: before he went to school. (By Mr. Parker) has not sold yet. (By Mr. Loraine) Have you been talking to But he owns this lot. He He had grown kids
In Re:
Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. A. him? I have not. BY MRS. PARKER: Carthage, I think. (By Mr. Parker) But I'm pretty sure that I could look They moved to
those two still haven't sold.
them up and see, I just have not, but these two lots didn't have anything done all summer. No grass mowing, no nothing, so the
grass was up high enough - and then we had taxi cab drivers and -(By Mr. Loraine) Can you see these two lots Can
that you're identifying from your house? you see them?
Yeah, our breakfast nook looks right out into those lots. Okay, let's have you put an "X" across the two lots that you don't know who owns right now. Just put it across there. This lot and this lot. I
(Witness complies)
don't know who owns those. You've put 2 "X's" on the page? I put 2 "X's" on the page. Now at your title company can you send me the information on who owns those?
In Re:
Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. A. Q. Q. A. Q. A. Q. A. Yes. could. Okay. Why don't you do so. Do you want to And you can do Here is That's public information so, yes, I
give him one of your cards?
it over the Internet, if you want. her Internet.
She's my court reporter so it
will come through her and she will transcribe it. The only thing that I can send you is the last deed of record. #53) Yes. Okay. I can do that. Is that okay? (Exhibit
I'd like to know if they're owned by the same party. If they're not - go ahead and put a
little "X-1" and "X-2" so we can keep it straight. (Witness complies) X-1 and X-2.
So if you can remember give me X-1 and X-2, okay? And if you want a little diagram
because I'm taking these. I have another copy of these. So you can remember how you did 1 and 2? Yeah, because the doctor's lot would be first in my head because that's the one I'm going
In Re:
Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. A. Q. A. Q. A. Q. to look up first. Now we have identified #51 and #52 and these both came from Woolston. All right, now you
were going to tell me some more story. (By Mrs. Parker) Yes, I received a phone
call November or October, not too terribly long ago, a few weeks ago from a friend -Come on. Who is the friend?
I can't say. Why not? Because the friend - I promised. Okay. You tell me what the friend said and
we'll decide whether -The friend is a former Mayor. will help. Okay. Not Woolston. Maybe that
Before.
Go ahead.
Who was getting news from downtown at the Council that word was going around that Vernon Lawson, my father, who was an old man, he is, was an old man, he was probably very gullible, and they were going to try and bully him into taking his property. And so I
got phone calls we needed to get an attorney, which we just haven't done yet, because they wanted it. Well, somehow word got around to
In Re:
Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. A. A. Q. Q. A. Q. Q. A. Jack Golden and Benjamin Rosenberg. They
came to our house to discuss this with us. What did they discuss? They wanted to know what was the deal. do these people want our property. So at least we know Golden and who? Golden and Rosenberg. We know those two Council members are there asking. They're not part of the problem? Not this problem. Why
I don't believe they are.
So they're there trying to figure out what's going on. Exactly. Just like you guys? Pretty much. Keep in mind that nobody has as
of yet personally spoken to Vernon Lawson about selling his property. Well, I assume you have control of your father to the extent that he's not going to do something crazy, is he? No. He's lucid? Yes. Which they asked you? Yes.
In Re:
Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. Q. A. Q. A. A. Q. A. Q. A. Q. Q. A. BY MR. PARKER: Yes, he's very
adamant about not selling. (By Mr. Loraine) (By Mrs. Parker) That's good. And these people here, I I mean their deal
talked to them recently.
is it would have to be a life altering amount of money. And tell me who those people are. Marshall Hoag. Which includes that little triangular piece that's in yellow next to your property, or your dad's property? Correct. Okay. What have they told you?
They just said it would have to be a life altering amount of money for them to consider selling. And they do have a home on there? Yes. Is it a nice home? Uh-huh, all three of us rebuilt back after the storm. So it's new. Yeah. Well, obviously somebody has the intent to
In Re:
Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. trying. BY MR. LORAINE: Want to tremendously A. change the nature of your - they don't want to pay you so they just want to build around you? Uh-huh. BY MR. PARKER: That's what they're
diminish the value of your property? BY MR. PARKER: they know that. (By Mr. Loraine) So there is a theory that Sure, it is. And
inverse condemnation, that's a theory that if the City is involved, you know, and they do something that acts like it condemns you then they can be held responsible as if they did condemn you, you know, the damages mount up. Now it sounds to me like it's not the City, it sounds to me like it's some private individuals doing this. (By Mrs. Parker) See, we were led at first
to believe that we thought it was the City. Well, obviously you guys, you and Bill spent a lot of money investing in the neighborhood and what's going to happen is you're going to get terribly - I mean nobody is ever going to
In Re:
Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. Q. buy. The marketability of your property is
going to be dead. BY MR. PARKER: (By Mr. Loraine) attorney? It is.
So should you get an
Yeah, I think you better. Then - I don't
BY MR. PARKER:
remember when they showed up. (By Mr. Loraine) I'm off.
(Short break taken 5:26 to 5:28 p.m., back on record) (By Mr. Parker) helps you or not. And you can see if this I don't remember exactly
when it was, but I was going back to work from lunch and I saw somebody down on our lot down here so I stopped and asked them, I said, "What are you guys doing here?" said we're out there -(By Mr. Loraine) 1916. You're talking about 1916. He
I said, "What are you guys doing
here?" and he said, well, we're back down here surveying because the City has already told us that they are putting an asphalt sidewalk on both sides of the street all the way down. And I said, "When was this
decided?" and he said it's already a done
In Re:
Page 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deal. They're taking bids. Bids close next
Thursday.
And I said, "Well, if you're
working for the City or whoever you're working for you need to get off my lot." And
he said we'll wrap up and we'll go ahead and head out of here. I said, "That's fine, but
if you're working for the City trying to determine what's going to happen to my lots you need to leave." Well, then we went to -
I don't remember what happened, but we went to one of the - I called somebody. remember. Golden. I can't
Oh, it was Golden, I called Jack I couldn't get answers from anybody
else so I called Jack and I said, "Jack, what's happening?" He told me that he had
spoken to I think he told me the City Attorney, but he says things so fast you can't tell who he's talking to, but he said I talked to them and they told me that this was already a done deal was his exact words. said, "What do you mean a done deal?" said, "They're talking about putting an asphalt sidewalk on my property in front of my house." BY MRS. PARKER: Running trail. I I
In Re:
Page 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. A. Q. A. (By Mr. Parker) don't want this." A running trail. I said, "I
He said, well, the City
has already considered it, it's a done deal. He said they're going to put one on the other side of the street and on your side of the street. stopped?" (By Mr. Loraine) Well, they're going to go I said, "Well, how do we get this
ahead and condemn you is what they're going to do. It's what they're going to do, right. I
never heard - he just told me that it was a done deal and that's the last we've heard from anybody on the City. You're hear some more. Well, then we heard at a meeting that we went to that they were talking about that had been dropped because it was too cost prohibitive on this west side of the street and all they were going to do was put it on this side of the street then. BY MRS. PARKER: (By Mr. Parker) The park side. Well, then
The park side.
my question was, well, is that not a structure. If you're calling my driveway a
In Re:
Page 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. A. Q. structure is this not a structure, if it's a structure you cannot put it on that park. That park specifically states no structure. (By Mr. Loraine) that? There is, yes, it says that there's no structures on the park. Who is going to enforce it? The City is supposed to, but they're talking about trying to waive those now. BY MRS. PARKER: was Mike Woolston. (By Mr. Parker) it is. Well, the only one Is there restrictions on
He's heading this up.
Right, Mike Woolston is who
But when they came back in and they
replanted all these trees they put all these trees back 100 feet from the street. Every
tree is in a straight line 100 feet from the street so they had a plan, but they won't tell anybody. irritates me. (By Mr. Loraine) And Woolston is involved in And that's the part that
this and yet he's also showing up on the sites? We don't know. We don't know. We know he
showed up at our house.
In Re:
Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. Q. BY MRS. PARKER: Because he showed up
conveniently two days after we got the first notice letter. (By Mr. Loraine) A. Asking if you want to sell. But then they tell us, well,
(By Mr. Parker)
it's not really a conflict of interest because I'm not earning any money. Well,
you're getting money from somewhere because you wouldn't be out here working this hard if you weren't. Call it quid pro quo. Is that what it's called? Yes, it's in Latin. something. So that's kind of where we are on this. Yeah, our thing is we didn't want to have to spend more money to get another attorney to keep what was ours, ours. we're going to have to do. I mean obviously there's something going on. It's a shame that the City Council members -Yeah. Who is your Council member? I have no idea. BY MRS. PARKER: I'm assuming it's But that's what You get something for
In Re:
Page 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Rosenberg. (By Mr. Parker) Q. out. I'm assuming it's Rosenberg. You probably ought to find
(By Mr. Loraine)
You probably ought to make a point of
going to the next Council meeting and ask for complete disclosure on this information. This is crazy. BY MRS. PARKER: And if we hire an
attorney what is the purpose? BY MR. LORAINE: Well, the purpose is
to try to protect the value of your real estate. Whether you realize it or not you're
about to lose a lot of value in your property. And when I say a lot I mean it's
not going to be marketable for what you've got into it. I mean you think your house is I mean who knows what the
worth $600,000.00. value is.
If nobody else wants to buy your
house it has no value. BY MRS. PARKER: want to live there. BY MR. LORAINE: does it have? I mean what value And what are Because they don't
Except to you.
you going to do? apartments?
Are you going to live among
In Re:
Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. PARKER: have to do. BY MR. LORAINE: going on here. BY MRS. PARKER: And it's really sad Well, that's what's That's what we'll
because everybody used to always want to live on that street, but the City - somebody has decided whether it's Wallace-Bajjali through Dr. Joseph through Four State Homes through Mike Woolston, there's a lovely little twisted plot going on there. I believe this. They
I can't prove it, but I believe it. bought up all this property and -BY MR. LORAINE:
Well, certainly you
believe that Councilman Woolston has conflict of interest and you believe his lying to you is significant and you believe that he has information that he is a public servant of which you should be able to go to and say what's happening to the value of my property. BY MRS. PARKER: Why aren't other
realtors coming to our door saying I want to buy this? Why is it only that one that had
the inside knowledge? BY MR. LORAINE: Whomever he is with.
In Re:
Page 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Well, I can't answer that question for you, but I think they are legitimate questions that you have. BY MRS. PARKER: got helps you a little. (By Mr. Parker) The one great thing that was I hope what we've
in our favor is there used to be a street, a dedicated street that ran from 20th Street to this corner of our property. Right after the
tornado the City wanted the street vacated. (By Mr. Loraine) And they did. And they did it? Well,
They did vacate.
because they sent us a letter saying they wanted to vacate this street and we said, sure, no problem at all, vacate it. They vacated the street and now Mr. Sage, he came over to our builder during the building phase of our home and he was asking our builder about putting duplexes on his lot. Well,
City code states that he has to have 35 feet driveways for each building that comes into here. Well, he doesn't have enough footage to do this and since they vacated this street he couldn't get it done. That's why we bought that lot so he couldn't have this lot and
In Re:
Page 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. have enough footage. You know, then when we
go to City Council they said, well, this was an investment for you. Well, kind of yes,
kind of no, but it was protection is what it was because this had already been declared commercial. This property is not commercial. Well,
He wanted this property be commercial.
the only thing stopping him is my two lots. I assume you're going to object? I have to object, yeah, because if he puts duplexes here he just tanked my property value. He just tanked it.
How much was Sage now going to sell that property to you? He won't sell it now for anything I guarantee you less than $200,000.00. BY MRS. PARKER: And for all we don't
know maybe they've already bought it from him. BY MR. PARKER: BY MRS. PARKER: tell us who. BY MR. PARKER: BY MRS. PARKER: Four State Homes. Yeah. We assumed it was They might have. But they wouldn't
They could give it to us
In Re:
Page 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 us. BY MR. LORAINE: You know better than and we could all divide it up. just since you are a lawyer -BY MR. LORAINE: to give legal advice. BY MRS. PARKER: No, I know. You Well, I'm not here My question
probably know this because you said something about they're trying to take our property or condemn it or something. BY MR. LORAINE: No, if there's a
walking trail that's how they were going to do it. BY MRS. PARKER: BY MR. LORAINE: to condemn it. could take it. BY MR. PARKER: already public access. BY MR. LORAINE: BY MRS. PARKER: Well, -Well, my question -Not your portion of They said it's Oh, okay. Yeah, they're going
That's the only way they
BY MR. LORAINE:
the property is public access. BY MR. PARKER: That's what they told
In Re:
Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to know. BY MR. LORAINE: procedure. BY MR. PARKER: happening. BY MRS. PARKER: info we'll let you know? BY MR. LORAINE: my number, don't you? BY MR. PARKER: BY MRS. PARKER: called me this morning. BY MR. LORAINE: I have this number. Yes, the lady that Nancy. Nancy is my All Yes, and you've got So if we get anymore But that's what's Yes, there's a that. BY MR. PARKER: BY MRS. PARKER: Yeah, I do. My question
basically is can they actually do eminent domain without ever offering us any money? BY MR. LORAINE: No, they have to
make - there's a procedure that they have to follow. BY MRS. PARKER: That's all I needed
secretary so you can get hold of her.
right, I appreciate you. I mean it certainly is germane what the public thinks that Mr.
In Re:
Page 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Woolston is involved in. You're the public
so obviously you believe he has conflict of interest and you believe he's self-dealing, and I will -BY MRS. PARKER: He knows somebody We
that wants to buy this, I'm sure.
wouldn't have gotten a letter to remove the driveway if it wasn't for that. didn't get a letter. Because they
And there's another lot
down the street that didn't get a letter. BY MR. PARKER: footings on there. BY MR. LORAINE: be dangerous? BY MR. PARKER: Sure, could be. You think they could This lot still has
We've actually seen cars turn around in this lot and fall off of that and have to drag the car over the rest of the driveway to get out. BY MR. LORAINE: That's the purpose That's why the
of why they can remove them. ordinance is there. BY MR. PARKER:
But that's our
argument, why are they not making him and they just keep saying, well, we're going to get around to him some time.
In Re:
Page 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (SWORN STATEMENT CONCLUDED) BY MR. LORAINE: own the property. Well, they probably Okay, thank I
Who knows.
you for coming in and I appreciate it.
will have some kind of report that will be probably due in February, some time in February so I guess you -BY MR. PARKER: BY MR. LORAINE: You want that. Yes, make a copy of
that and send it to that email address. BY MR. PARKER: BY MR. LORAINE: Yes, I will do that. Thank you all.
In Re:
Page 54
REPORTER'S CERTIFICATE
STATE OF MISSOURI ss. COUNTY OF JASPER I, SHARON K. ROGERS, Certified Court Reporter in the State of Missouri, do certify that pursuant to the foregoing Stipulation the witness came before me on the 17th day of December, 2013, was duly sworn by me, and was examined. That examination was then taken by me by
steno-mask recording and afterwards transcribed; said Sworn Statement is subscribed by the witness as hereinbefore set out on the day in that behalf aforesaid and is herewith returned. I further certify that I am not counsel, attorney, or relative of either party, or clerk, or stenographer of either party or of the attorney of either party, or otherwise interested in the event of this suit.
________________________ SHARON K. ROGERS, CCR-650

Parker, Dana and William - Testimony Transcript

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Transcript of the Testimony of Dana and William Parker

Printed On: December 27, 2013

Dana and William Parker

Joplin Critical Investigation

JOPLIN CRITICAL INVESTIGATION

DANA PARKER and WILLIAM PARKER

Holliday Reporting Service, Inc. 417-358-4078

Dana and William Parker

Joplin Critical Investigation

Holliday Reporting Service, Inc. 417-358-4078

Dana and William Parker

Joplin Critical Investigation

Holliday Reporting Service, Inc. 417-358-4078

Dana and William Parker

Joplin Critical Investigation

Page 4 I N D E X Page/Line DIRECT EXAMINATION BY MR. LORAINE . . . 5-4

Map and development drawings Exhibit #53 . . . . . . . 36-17

Exhibits in separate binder

(sic) - typed as spoken (ph.) - phonetic

Holliday Reporting Service, Inc. 417-358-4078

Dana and William Parker

Joplin Critical Investigation

And you just happened to What meeting was

City Council meeting. No, Board of Appeals or

whatever that is. (By Mr. Loraine) Board of Equalization?

Holliday Reporting Service, Inc. 417-358-4078

Dana and William Parker

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Let's talk to Dana first.

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neighborhood meeting? BY MR. PARKER: Neighborhood meeting.

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Dana and William Parker

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Oh, we asked why they

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Dana and William Parker

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needs to come out.

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Dana and William Parker

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Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. Q. A. Q. A. A. (By Mrs. Parker) Very substantial home. We

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Dana and William Parker

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Woolston shows up at our door. to sell that lot?

No, it's not for sale.

He went next door to the south of us,

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Dana and William Parker

Joplin Critical Investigation

Didn't tell us who wanted it I didn't ask. I was so

You know, people don't just

that other thing.

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