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Kansas City Premier Apartments v. Missouri Real Estate Commission - Update

By MICHAEL H. ERDMAN

Here is a copy of defendants? Answer and Motion to Dismiss, apparently filed on June 8, 2007, in Kansas City Premier Apartments, Inc. ("KCPA") v. Missouri Real Estate Commission (?MREC?), et al. In the pleading, MREC asks the Court to deny KCPA?s prayers for relief and rule that KCPA's business activities constitute the practice of a real estate broker and/or a real estate salesperson and is the basis for an order to enjoin KCPA from engaging in such conduct. Alternatively, MREC seeks dismissal for failure to state a cause of action.

Interestingly, in response to the allegations contained in Paragraph 55 of the Petition, MREC states that it ?believes that KCPA?s business activities are not fully described in its Petition . . . MREC believes discovery will be required to determine the extent and nature of KCPA?s business operations.? Funny how MREC thought it knew enough about KCPA to - on two occasions - tender a cease and desist letter to KCPA commanding it to cease its operations, but now, after KCPA has filed suit, MREC states that it needs discovery to ?determine the extent and nature of KCPA?s business operations.?

Full post as published by Real Estate, Real Competition & The Law on June 18, 2007 (boomark / email).