3 arguably applied for permits to proceed with the student housing development at Eighth and Locust.
HSRE-ODC II MIZZOU LLC is a limited liability corporation incorporated under the laws of Delaware. When Plaintiffs signed and gathered signatures for the referendum petition to repeal Bill 62-14, HSRE-ODC II MIZZOU LLC did not exist. It did not exist in any form in any state until June 12, 2014, when it was apparently incorporated in the State of Delaware.
It did not receive authorization to conduct any business in the State of Missouri until July 30, 2014. This is after the City of Columbia repealed Bill 62-14, after Plaintiffs had signed and gathered signatures on the referendum petition to repeal Bill 130-14, and the day before the referendum petition to repeal Bill 130-14 was certified as sufficient. Thereafter, on August 7, it apparently purchased three parcels of real property in Boone County, Missouri, and recorded the deeds thereto on August 8, 2014. Opus Development Company, L.L.C., by contrast, was incorporated in Delaware in October 2012, and was authorized to do business in Missouri on January 8, 2013.
With full knowledge that a referendum petition was circulating in the community regarding the development agreement authorized by Bill 62-14, Opus Development Company LLC recorded the first development agreement with Defendant City of Columbia on April 1, 2014. This agreement acknowledges that "inadequate water, fire protection, electric, storm water and sanitary sewer facilities exist to serve the proposed increase in use of the Developer Tract which
Exhibit 5 to the Downs Affidavit shows correspondence to Crockett Engineering, not to Opus Development Company LLC; Exhibit 6 to the Downs Affidavit reveals a demolition permit filed by Peggy Tomlins, who apparently no longer owns the subject property; Exhibit 8 to the Downs Affidavit is correspondence to a Mr. Lewis at the "Opus AE Group" not the Opus Development Company LLC regarding permits.
See Exhibit 1 to the Affidavit of Jeremy A. Root, attached hereto as Exhibit A (July 30, 2014 authorization of HSRE-ODC II MIZZOU LLC to do business in Missouri).
See Exhibit 2 to the Affidavit of Jeremy A. Root, attached hereto as Exhibit A (authorization of Opus Development Company, LLC to do business in Missouri). Apparently, this is a distinct legal entity from Opus Development Corporation, an Illinois corporation with the same officers and business address, that revoked its authorization to do business in Missouri in March 2013. See Exhibit 3 to the Affidavit of Jeremy A. Root, attached hereto as Exhibit A.
Case 2:14-cv-04220-NKL Document 3-3 Filed 08/22/14 Page 3 of 20