Missouri Court of Appeals for the Western District in Kansas City
KANSAS CITY — The Missouri Court of Appeals Western District has upheld a decision by the Missouri Public Service Commission (PSC) to dismiss 30 complaints filed by landowners opposing Evergy Missouri West’s efforts to obtain easements for an electrical line project.
The court ruled that Evergy’s abandonment of the project eliminated any live controversy, rendering the case moot and preventing the Commission or the judiciary from granting effectual relief, according to the decision filed Nov. 25.
The dispute stemmed from Evergy’s Fayetteville Project, a plan to relocate an electrical line along an 8.7-mile stretch of Missouri State Highway 13 in Johnson and Lafayette counties.
On July 25, 2023, landowners Timothy and Denise Allegri filed a formal complaint with the PSC on behalf of themselves and 37 other property owners, alleging Evergy engaged in unlawful acts in pursuing the project.
The PSC notified the Allegris the next day that, as non-attorneys, they could not represent additional complainants.
Individual landowners subsequently filed separate complaints, each attaching identical allegations.
The consolidated complaints claimed Evergy overstepped the authority granted in its certificate of convenience and necessity (CCN) and engaged in fraudulent conduct to obtain easements along the proposed project route.
The complainants requested utility service through West Central COOP for affected properties, a hearing on the issues raised, and Commission support in compelling Evergy to negotiate “honestly” and pursue mediation if necessary.
Evergy initiated condemnation proceedings on Aug. 3, 2023, seeking easements through circuit courts.
On Oct. 13, 2023, the company moved to dismiss the consolidated PSC complaints, arguing the Commission lacked authority to intervene in matters tied to ongoing eminent-domain litigation.
PSC Staff then recommended a hearing, and the Commission scheduled an evidentiary proceeding for January 2024.
At the Allegris’ request, the hearing was postponed to May 2024 to allow for settlement discussions, during which Evergy reached agreements with some landowners, leaving 30 complaints unresolved.
The proceedings shifted drastically on April 10, 2024, when Evergy notified the PSC that it had dismissed all pending condemnation actions in Lafayette and Johnson counties due to a change in the project.
Evergy argued the PSC should likewise dismiss the administrative complaints because the company was no longer seeking easements, eliminating any ongoing controversy.
The Allegris opposed dismissal, asserting that unresolved issues remained, including whether Evergy had previously exceeded its CCN authority or engaged in fraudulent conduct during project planning.
PSC Staff recommended dismissal, saying any further review would amount to improperly managing the utility.
On May 9, 2024, the Commission canceled the evidentiary hearing, and on Dec. 19, 2024, formally dismissed all complaints.
The Commission concluded that Evergy’s abandonment of the project, and dismissal of related court cases, meant no actionable dispute remained.
The court then affirmed PSC’s dismissal was lawful and reasonable.
Judges Edward R. Ardini Jr. and Thomas N. Chapman concurred with the opinion authored by Presiding Judge Mark D. Pfeiffer.
Missouri Court of Appeals, Western District case number: WD87860
