The city of Lake Ozark is expected to petition the Miller County Circuit Court for permission to intervene in an ongoing lawsuit between Relaxation, Inc. and RIS, Inc.


The city of Lake Ozark is expected to petition the Miller County Circuit Court for permission to intervene in an ongoing lawsuit between Relaxation, Inc. and RIS, Inc.

The board of aldermen voted in closed session Tuesday night to intervene in the property dispute involving The Shoppes at Eagles’ Landing, owned by Gary Prewitt, and Relaxation, Inc., owned by Mike and Linda Craig. The Craigs sued Prewitt alleging the destruction and interference with a parking lot easement shared by both parties. The Craigs own the land where a flea market, owned by a third party, is located.

City Attorney Roger Gibbons said this week that a rule of procedure allows a party (in this case the city) to seek leave of court to intervene in an existing lawsuit. There is certain criteria the city must meet, and there’s no guarantee the court will approve the motion for intervention, he explained.

The city has an interest that the conflict between RIS and Relaxation is resolved because an April 13 ruling by the Miller County Circuit Court has the potential of disrupting commerce at Eagles’ Landing. Gibbons said the city wants to make sure any future rulings do not have any adverse consequences for the development project area of Eagles’ Landing.

Assuming the city is allowed to intervene in the lawsuit, it will ask the court to stay the action pending resolution of the eminent domain action, Gibbons explained.

The board of aldermen recently adopted an ordinance that the city of Lake Ozark would acquire additional easement rights to the property in question and they convey those rights to RIS, Inc. This action, taken at the May 22 board meeting, is the latest in a series of actions taken by the city to acquire the property in question through either eminent domain or purchase through negotiations.