Fine Points of The Law
McKinley threaten to sue for slander before this letter was written
12/31/2003
Robert W. McKinley, Esquire
Lathrop & Gage, L.C.
2345 Grand Blvd, Suite 2800
Kansas City, Mo 64108
Tel. (816) 460-5636
Dear Mr. McKinley:
You and your attorney proved yourselves masters of the fine points of the law and court procedure in the 1999 case,
Kansas City v. Bynum and Birmingham Drainage District. However, the fine points were based on an April 1/ 1916 court
decree located in Book 49, page 303. The court procedure so finely mastered was that the March 28/ 1916 court
decree located in book 48 at page 247 et seq. could not be introduced in the Hearing.
After reviewing "A PROFILE OF THE BIRMINGHAM DRAINAGE DISTRICT", a number of questions were raised which
leads me to believe that you might have been premature in taking such a firm stand on the rights granted to you as the
president of the Birmingham Drainage District by the 1999 Clay County Circuit Court. According to your bio, you are an
expert in tax law, real estate law, drainage district law, litigation & financial institutions as well as being selected by your
peers for "Best of the Bar", award by The Kansas City Business Journal, 2003-2004, a lecturer and contributing author
to the Missouri Bar Assn. Federal Practice Seminar and the Kansas City Bar Assn. , Federal Practice Seminar, as well
as being president of the Birmingham Drainage District.
Your Peers have acknowledged that you are expert in the practice of law. As an expert in the practice of law, with the
records of the Birmingham Drainage District in your pocession, The public taxpayers have a right to know what fine
points of the law makes you think:
1. It is legal for a person to claim to be the president of a Missouri Public Corporation, an arm of the state
government, when said corporation did not exist under the state rules.
2. It is legal for a person, or persons, to represent themselves as representatives of a Missouri Public corporation
in legal matters before the court when said corporation did not exist under the state rules.
3. It is legal for a person, or persons, to claim to represent a Missouri Public Corporation when the person is not
qualified under state law to represent said corporation, if it had legal standing.
4. It is legal to accept public tax money in the name of a Missouri Public Corporation when said corporation did not
exist under state rules.
5. It is legal for a person, or persons, to accept rent money from private corporations in the name of a Missouri
Public corporation that did not exist under state rules.
6. It is legal for a person, or persons, to file public statements or documents in the name of Missouri public
corporation when said corporation did not exist under state rules, especially those which require a sworn
statement as to truth.
7. It is legal for a person, or persons, to represent themselves as a Missouri Public corporation before the state
legislative body or its committees, when said corporation does not exist under state rules.
8. It is legal for a person, or persons to claim or imply that they have taken and subscribed to an oath under
RSMO 242.180, "that he will honestly, faithfully, and impartially perform the duties devolving upon him in office
as supervisor of the drainage district in which he was elected, and that he will not neglect any of the duties
imposed upon him by Sections 242.010 to 242.690," when said corporation or position for that district did not
exist under the state rules.
9. It is legal for the representative of the current major landowner in a drainage district to submit a 40 year old
court decree to the Secretary of State's Office to incorporate as a Missouri public corporation which was
required by state rules to be submitted by the clerk of the circuit court under RSMO 242.040 within 60 days of
the judgment.
10. It is legal for the representative of the current major landowner in a drainage district to submit a 40 year old
court decree to the Secretary of State's Office to incorporate as a Missouri public corporation based on a
petition of major landowners, who no longer own land in the District.
11. It is legal for a drainage district to register with the Secretary of State's Office claiming to be in business as a
Public Water Supply District.
12. It is legal for a drainage district to register as a Missouri Public Corporation on a 40 year old petition of
landowners within the City limits of Kansas City, knowing that Kansas City is a constitutional chartered city in
which a drainage district corporation can not be formed within the city limits on a petition of landowners.
13. It is legal for an inactive Missouri public drainage district corporation with an expired charter to buy the right to
take care of a private corporations drainage problems and construction outside the districts boundary, with
public tax money.
14. It is legal for a Constitutional chartered city, a private corporation and an inactive Missouri Public Corporation
with an expired charter to sign an agreement to shut down court ordered access easements to landowners,
while claiming those easements do not exist.
15. It is legal for an inactive Missouri public corporation with an expired charter to spend public tax money to lobby
legislators while said corporation has no legal standing under the state rules.
16. It is legal for persons purporting to act as or on behalf of a corporation to refuse to file financial reports, to
account for the public tax money collected, as required by the state rules they purport to accept the tax money
under.
17. It is legal to raise public taxes by approximately 300 percent simply because a private corporation within the
district has caused property values to increase, when the taxing entity, controlled by the private corporation, has
close to a million dollars in the bank.
18. It is legal for a Missouri Public corporation to charge approximately 400 percent more taxes for a person who
owns less than an acre of land with no voting rights, than the corporation charges a landowner qualified to vote
with four acres of land.
19. It is legal to hide legal notices of concern to taxpayers in a drainage district by publishing them in an obscure
newspaper that does not serve the district.
20. It is legal for the Clay County Collector to turn over public taxes collected by the County for a levee, to a drainage
district with these questions unanswered.
I believe these fine points of law are of great public interest which require an answer by you. as the head of a registered
Missouri public corporation Since I will be traveling for several months, contact should be through email or by phone.
Jim Bynum
[email protected]
Cell phone (816) 699-3975