City wins lawsuit against Buescher

Buescher ordered to pay $24,785 to cover city expenses in maintaining derelict properties

This property at 108 Jackson St. continues to deteriorate as seen by the porch roof collapse. It is one of several properties owned by Barbara Buescher, many of which have been boarded up by the city.
This property at 108 Jackson St. continues to deteriorate as seen by the porch roof collapse. It is one of several properties owned by Barbara Buescher, many of which have been boarded up by the city.

Jefferson City officials won a lawsuit against Barbara Buescher, who has been ordered to pay the city more than $24,000 for work the city has done to maintain several of her properties.

Cole County Presiding Judge Pat Joyce issued a judgment May 17, which the News Tribune received Monday. The judgment found Buescher owed the city $24,785.33, with interest accruing at 9 percent per year.

The city has boarded up or done yard maintenance on at least 15 different properties, then billed Buescher for the work as allowed by the city's nuisance ordinances.

The city initially sought $49,000 when the case was filed in December 2014, but Buescher paid overdue property taxes in August 2015. That payment of roughly $24,000 covered the first three counts of the initial petition.

A brief bench trial took place last month where only one witness, City Clerk Phyllis Powell, was called to the stand.

Audrey Smollen, Buescher's attorney, said Monday she had just received the judgment and had not had a chance to inform her client.

"I think it's absolutely wrong," Smollen said. "We'll just see how things progress. The law was on Ms. Buescher's side, so we'll just see."

Mayor Carrie Tergin said the decision is in the best interest of the taxpayers, who shouldn't have to pay the costs to keep Buescher's properties up to code.

"I think it's a very important decision.  This is definitely a huge win," Tergin said. "It's not just a win for the city."

Tergin said the issue now is for city officials to look at the best way to prevent the situation in the future, noting it's not fair to surrounding property owners who have made investments in their homes to suffer because of nearby abandoned property that is falling apart.

"It's a signal that it's just not right," Tergin said.

Previous coverage:

Judgment expected in Buescher property case, April 20, 2016

City amends its lawsuit over Buescher properties, Nov. 5, 2015

Buescher properties won't be sold, Aug. 21, 2015

4 Buescher properties may sell in August, July 12, 2015

City sues Buescher to recoup abatements costs, Dec. 16, 2014

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