EDWARDSVILLE — Collinsville homeowners who recently purchased the property claim the sellers and real estate agent failed to disclose Madison County's plans to acquire part of the property for a bike trail.
Jeffrey Heepke and Marcy Heepke filed a complaint on July 17 in the Madison County Circuit Court against James Hicks, Barbara Hicks, Angie Daniels and Donald Brown Inc., doing business as Coldwell Banker Brown Realtors, alleging fraudulent and negligent misrepresentation.
According to the complaint, the plaintiffs entered into a contract to purchase a Collinsville property consisting of more than 10-acres on Sept. 11, 2019. They allege in their complaint that prior to the property being placed on the market, the owners received a "certified letter dated August 12, 2019" which stated the Madison County Transit (MCT) was looking at acquiring 2.16 acres of the property through eminent domain for the Formosa West Trail.
The plaintiffs claim that the MCT's notice was not included in the seller's disclosure. They allege they only learned of the MCT's plans shortly after moving onto the property in November 2019 when a neighbor informed them about the bike trail. The plaintiffs claim that because of the MCT's plans, they can't fully enjoy their property for recreational activities such as horseback riding.
The plaintiffs seek monetary relief of more than $50,000, plus interest and all other just relief. They are represented by Mark Weinheimer of The Weinheimer Opel Law Firm PC in Glen Carbon.
Madison County Circuit Court case number 20-L-988