Kansas City, Mo. – September 4, 2026: John Witten, Kevin Mason, and Jim Bowers secured a significant partial summary judgment in a property and homeowners’ association dispute in Platte County, Missouri.
The Court granted partial summary judgment in favor of the firm’s clients on liability for all asserted claims, including declaratory judgment, breach of contract, continuing trespass, and temporary private nuisance. The ruling concluded that the homeowners’ association bears responsibility for maintaining subdivision stormwater infrastructure under the governing declarations and applicable Platte County subdivision regulations.
Issues relating to damages, including the amount of attorneys’ fees owed under the home owner association declarations, and the scope of equitable relief remain pending. The ruling followed nearly three years of complex litigation, extensive factual development, and expert analysis concerning subdivision stormwater infrastructure and drainage easements.
About John Witten: John focuses on a wide variety of litigation, including medical malpractice defense, and has litigation, trial, and appellate experience in state and federal courts in Missouri and Kansas. John applies successful strategies during the discovery phase of lawsuits to prompt favorable settlements and dismissals, has obtained summary judgment on behalf of multiple clients, has prosecuted and defended several cases to a favorable verdict for his clients, and has successfully briefed and argued multiple appeals.
About Kevin Mason: Kevin is a trial attorney with wide-ranging experience in commercial, real estate, transportation, and employment litigation matters in state and federal courts on both sides of the state line.
About Jim Bowers: Jim is a leader in land use and real estate development throughout the greater Kansas City area. The focus of Jim’s practice is public law, including development, redevelopment, zoning, variances, tax increment financing, and condemnation. As a former Assistant City Attorney for the City of Kansas City, Jim has a thorough knowledge of building codes and building permit requirements. He has been an adviser for many economic development projects and forums.
About the Firm’s Litigation Practice Group: The firm’s litigation attorneys have more than 250 years of combined trial and appellate court experience, including business-to-business cases, individual and business cases, simple two-party disputes, and complex class action cases. The Litigation practice group has collective experience in more than 40 states and in eight federal circuits, including more than 500 bench and jury trials.
About the Firm’s Public Law Practice Group: For decades, the firm’s Public Law attorneys have represented clients and local governments in many high-profile and successful commercial, residential and mixed-use projects. The firm’s attorneys assist clients in obtaining approval of land use entitlements, changes in zoning and economic development incentives. Rouse Frets White attorneys offer insight on local governments approvals based on prior public service experience of several attorneys and through experience working closely with staff and officials to develop collaborative solutions over many years. Click to view a project map of work the firm has completed.
About the firm:
Rouse Frets White offers highly skilled lawyers in many practice areas with vast real world experience. Our clients benefit from blue-ribbon talent unencumbered by mega firm business models.
Choice of an attorney is an important decision and should not be based solely upon a website or advertisements. In reviewing achievements by the law firm or its attorneys, remember that past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Although our lawyers may practice in subject areas, neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialty designations for Missouri licensed attorneys.