kcur | After more than two years of litigation, a leadership fight over a
Kansas City jazz landmark wrapped up Wednesday morning with nearly two
hours of closing arguments.
But the verdict on who will lead the
Mutual Musicians Foundation is not out yet. Circuit Court Judge Charles
McKenzie said Wednesday he was taking the case under advisement.
The
bench trial started in late November at the Jackson County Circuit
Court in downtown Kansas City, Missouri. Tuesday marked the fourth and
final day of testimony.
"Each side is pointing fingers at taking away some of the money or resources of the foundation," jazz historian Larry Kopitnik told KCUR.
Once the union hall for the Colored Musicians Local 627, the foundation is one of only two National Historic Landmarks
in Kansas City (the other one is the Liberty Memorial). These days it
is known for its after-hours jam sessions on Saturdays and Sundays.
THE DRAMATIC CONCLUSION
kbia | A judge has delivered a verdict in a lawsuit over control of Kansas City's Mutual Musicians Foundation, and it's a draw.
Once the union hall for the Colored Musicians Local 627, the foundation is one of only two National Historic Landmarks
in Kansas City (the other one is the Liberty Memorial). These days it
is known for its after-hours jam sessions on Saturdays and Sundays.
Anita
Dixon, who served as the board's vice president, often represented the
organization as the spokesperson. But in August 2016, she was ousted
after a heated board meeting. In a lawsuit filed in October 2016 and
updated in March 2017, Dixon claimed other board members, including
chairman James Hathaway, failed to comply with bylaws, took a cut from
jam session entry fees, and retaliated against her.
A
counterclaim by the defendants, including Hathaway, alleged that Dixon
used foundation funds for her own use, took artifacts, photographs, and
other items, and left the foundation more than $8,000 in debt.
After
a bench trial, Circuit Court Judge Charles McKenzie on Friday ruled for
the defendants; he denied Dixon's request for payment for damages and
for the removal of the defendants as directors.
But on the defendants' counterclaim of embezzlement and theft, McKenzie sided with Dixon.
According
to the judgment, both parties will be responsible for their own
attorney fees, but the costs of the litigation would be paid by Dixon.
Dixon's response to the verdict: "Of course, sadness."
She
added, "Essentially, we're back where we started. The judge didn't give
them what I wanted. And the judge didn't give them what they wanted
against me."
Hathaway's attorney, Roy King, described the verdict
as a "summary judgment," short and final. King told KCUR he's advised
his client not to comment in the event that an appeal is filed within
the 30-day window.
"If it looks like there's a viable appeal, I
will," said Dixon. "But, if not, I'm going to throw myself into making a
difference, wherever I go, whatever I do."
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