CHAFFEE ADVISED NOT TO APPEAL RULING

CHAFFEE - The city of Chaffee Real Estate Committee has recommended that the city not appeal a judge's decision that allows an organization to construct a building addition that would block an alleyway.

The recommendation came at the Chaffee City Council's Monday night meeting. The council took it under consideration.

Committee Chairman and Ward 2 Councilman Ed Gauthier said committee members unanimously recommended that the city not appeal the decision that favored the Chaffee Lodge of the Benevolent Order of the Elks. Gauthier said the committee had discussed the matter with the city attorney, Frank Siebert of Scott City.

The Elks wanted to build a 50-by-50-foot addition onto the building's east side. The Elks claimed they own the land and should be able to do with it as they wished. But city officials refused to grant a building permit for the work three times over three years because the addition would close a portion of the alley.

The city took the issue to court in October 1989. Last month Circuit Judge Anthony J. Heckemeyer of Sikeston sided with the Elks by sustaining a summary judgment filed by the organization.

City officials can appeal the judgment until Feb. 15, said Chaffee Mayor Ron Moyers.

On another topic Monday, Moyers said it has been learned since the council's last meeting that a bait shop can operate at 322 West Parker. Council members last month voted against allowing a special-use permit for the light-commercial business, which would have allowed it to operate in a single-family residential zone.

A resolution previously passed allowing a bait shop at the address still remains in effect until May 1992, explained Moyers. It covers a five-year period and remains in effect regardless of whether the property is sold, he said. The resolution was passed in May 1987.