Legal Toolkit
Know your rights. Challenge the process. Demand transparency.
Sunshine Law - Your Right to Records
What Is the Sunshine Law?
Missouri's Sunshine Law (RSMo Chapter 610) requires all public governmental bodies—including Port KC—to make their records available for public inspection.
You have the right to request:
- All financial analyses and pro formas related to the Plaza deal
- Board meeting minutes and communications
- The Conservation Study ("But For" test justification)
- Cost-benefit analysis (required by statute)
- Any correspondence with the developer
Response time: Port KC must respond within 2 business days.
Sample Records Request
To: Port KC (Kansas City Port Authority)
From: [Your Name]
Date: [Today's Date]
Re: Sunshine Law Records Request - Country Club Plaza
Pursuant to Missouri's Sunshine Law (RSMo 610.023), I hereby request:
- All pro formas and financial analyses for the CC Plaza project
- The Conservation Study (Exhibit 11 of TIF Plan)
- Cost-Benefit Analysis (Exhibit 9 of TIF Plan)
- All correspondence with Gillon Property Group
- Board meeting minutes from 2024-2025 regarding Plaza
Please respond within 2 business days as required by law.
[Your Name]
[Your Contact Info]
KCPS Legal Rights
RSMo 68.040 - "Conferring" Requirement
Port Authority law requires developers to "confer with the affected taxing authorities" before finalizing PILOT terms. KCPS argues they received a take-it-or-leave-it proposal with no meaningful negotiation.
RSMo 99.820 - TIF Commission Representation
KCPS has two seats on the 9-member TIF Commission. If the commission opposes or ties, City Council needs a 2/3 supermajority (9 of 13 votes) to override.
RSMo 99.825 - Notice Requirements
Taxing districts must receive written notice at least 45 days before TIF hearings. If this wasn't followed, the proceeding may be defective.
Challenging the "But For" Test
What Is the "But For" Test?
Missouri law (RSMo 99.810) requires that the TIF area "would not reasonably be anticipated to be developed without adoption of tax increment financing."
In other words: The developer must prove the project cannot happen without public subsidies.
Why the Plaza Likely Fails This Test
- 1. Developer purchased at 75% discount
Gillon paid $175.6M for a property previously sold for $660M. This suggests strong market value. - 2. $1.4B private investment planned
If the developer can invest $1.4 billion, they clearly have capital for the project. - 3. Plaza is prime real estate
Country Club Plaza is not "blighted"—it's one of Kansas City's premier destinations. - 4. No independent verification
Port KC's "but for" finding relies on in-house analysis, not independent review.
Key Missouri Statutes
Chapter 68 - Port Authorities →
Governs Port KC's structure, powers, and PILOT requirements
Chapter 99 - Tax Increment Financing →
TIF requirements, "but for" test, commission structure
Chapter 610 - Sunshine Law →
Open meetings and public records requirements
Chapter 353 - Urban Redevelopment →
Alternative to Port KC with stricter public oversight
Demand Transparency
Use these tools to hold Port KC accountable.