By Bob Allen
A Baptist conference center involved in a long-running legal dispute with the Missouri Baptist Convention filed papers Oct. 25 seeking $10 million in damages, claiming convention lawyers are holding up needed sewer and water improvements that would benefit Missouri Baptists should they eventually wind up winning their case.
Windermere Baptist Conference Center claims in a new lawsuit in Cole County Circuit Court that impediments to updating sewer and water guidelines to meet EPA standards and avoid contaminants being dumped into the Lake of the Ozarks are just the latest example of interference by convention leaders that has cost the camp more than $5 million in lost convention and conference business.
Windermere also accuses the MBC newspaper The Pathway of making false and libelous statements about trustees, painting them as liars and crooks in ways that hinder them from attracting customers, borrowing money and raising support from donors.
For 12 years Missouri Baptist officials have pursued litigation allowing the convention to elect Windermere trustees or to recover the property directly. The Missouri Supreme Court upheld a ruling in Windermere’s favor in 2009, but convention officials recently decided to appeal their loss in in a separate lawsuit to the Missouri Court of Appeals.
Windermere officials say they have paid more than $1.5 million in legal fees and estimate costs to the convention close to $7 million, counting lawsuits also filed against other former Missouri Baptist Convention entities that moved to self-perpetuating trustee boards
“Up to this point, Windermere has chosen not to respond to the tactics of the convention and its attorneys by suing the convention,” camp trustees said in a statement. “We have sought numerous times to resolve this matter outside the courtroom. Unfortunately, recent developments involving water quality at the Lake of the Ozarks have made it impossible for Windermere to continue this approach.”
Missouri Baptist Convention official Rob Phillips declined comment.
Convention officials recently agreed to a mediation process initiated by Church Mutual Insurance Company to possibly settle lawsuits with the Baptist Home, Missouri Baptist University, Missouri Baptist Foundation and Windermere, but Windermere officials say it is critical that the water quality project move forward now.
Windermere leaders say they have been working three years with county, state and federal agencies to improve and update Windermere’s fully licensed and permitted waste water treatment facility. Federal and state regulatory changes require immediate upgrades that could be accomplished without any expense of funds or debt, but Windermere officials claim the convention is blocking attempts to move forward with what would be a “win-win” solution for all parties.
The new lawsuit claims that legal tactics by Missouri Baptists prevent Windermere from transferring land containing the current sewer system a non-profit entity formed to create a public sewer and water system to serve both Windermere and about 200 other users at the Lake of the Ozarks.
The lawsuit also charges convention officials with making false statements designed to “discourage, frustrate or destroy contracts and business expectancies” such as donating or loaning money to Windermere, urging groups to cancel events and threatening harassment or litigation against those participating in the proposed sewer project.
Windermere seeks actual damages of $10 million and punitive damages at the court’s discretion.