Jury awards $65,000 to store owners in eminent domain case

A jury award of $65,000 is not what Jerel and Belen Lichtenegger expected Wednesday. It's not what they wanted.

"I'm not interested in the money. I'm interested in the parking, so we can generate business," Jerel Lichtenegger said.

The Lichteneggers own Global Trading, the grocery store at 1304 Broadway, which they've owned and run for 20 years. It has been closed for a year, Belen Lichtenegger said, the victim of a fight with the city of Cape Girardeau that started in 2004.

On Wednesday, the case was tried before a jury and Circuit Court Judge William Syler.

When the city decided to expand Broadway, plans included tearing down the converted home housing Global Trading and the residence next door, then owned by Lauren Tracy.

Both property owners protested the move. But Tracy accepted a check from the city for $145,000 on Feb. 28, 2005; her house, at 1310 Broadway, has since been demolished. Tracy is the daughter of city councilwoman Debra Tracy, who was not in office at that time.

The Lichteneggers were offered $88,000 but declined, telling the city their property was bigger by half than Tracy's and in better shape. A three-person commission appointed to mediate the issue offered $74,300 on May 19, 2006. The Lichteneggers again refused. Their lawsuit against the city claimed the property was worth far more than dollars and cents. They own a home near the shop, which is also near their daughter's home. To relocate, Jerel Lichtenegger testified in court Wednesday, would cost $300,000.

Two appraisers testified the property was worth $103,000 or less.

Mary Eftink Boner, attorney for the city, asked the jury to award $32,100. The Lichtenegger's attorney, Brian McNamara, asked jurors to award $185,000.

After a 30 minutes of deliberation, the jury returned with a unanimous verdict, awarding the Lichteneggers $65,000. Afterward, juror James Powell, 26, said the award was determined by looking at the difference between Tracy's compensation and the city's appraisals.

Belen Lichtenegger said she was disappointed in the verdict but could not say if an appeal will be filed.

pmcnichol@semissiourian.com

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