How to exclude yourself from the settlement

An important limit on exclusion

You cannot completely opt out of this settlement. The Court certified certain claims for declaratory and injunctive relief under Missouri Rule of Civil Procedure 52.08(b)(2). Those claims apply to all Class members, and you cannot opt out of them. However, you may request exclusion from the claims seeking monetary relief (such as tax refunds and negligence damages) that were certified under Rule 52.08(b)(3).

The deadline to request exclusion from the certified Class (July 10, 2026) has passed; however, under the terms of the settlement, all Class members are given a second chance to exclude themselves by November 18, 2026.

How to request exclusion

To exclude yourself, you must mail a written request for exclusion. Your letter must include:

• The name of the lawsuit: Wheeler v. Beatty, et al., Case No. 2416-CV25478;
• A clear statement that you wish to be excluded from the settlement;
• Your full name and address;
• The address of the affected property; and
• Your signature.

Send your letter by U.S. mail to:

Your letter must be postmarked no later than November 18, 2026. If you miss the deadline, you will remain in the Class and be bound by the settlement and the Court's judgment if the settlement is approved.

What happens if I exclude myself?

If you exclude yourself, you will not receive a tax credit, Former Owner payment, or Special-Circumstances Fund payment, and you will not be bound by the settlement's release of the monetary claims. You will no longer be a member of the class for purposes of the monetary claims, which means you will no longer be represented by Class Counsel, but you will keep any right to bring your own lawsuit on the monetary claims.

If you want to stay in the Class but tell the Court what you do not like about the settlement, you may object instead. See Your Rights and Options in the FAQs.

Contact the Class Administrator with any questions about your options before deciding to exclude yourself.