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Century Building SLAPP Suit in Court Today

October 20, 2005 Century Building, History/Preservation, Politics/Policy 3 Comments

Judge Ohmer today considered two motions in the case alleging two downtown residents of “malicious prosecution.” Marcia Behrendt and Roger Plackemeier were plaintiffs in a number of cases against the players behind the razing of the Century Building and the Old Post Office Project. By coincidence, today is the one-year anniversary of the wrecking ball striking the Century.

After the Century was razed the players: the Missouri Development Finance Board; the Land Clearance Redevelopment Authority of the City of St. Louis; NSG Developers LLC; and St. Louis’ U.S. Custom House and Old Post Office Building Associates, L.P. filed their malicious prosecution case against Behrendt and Plackemeier, seeking over a million dollars in damages.

From the Defendant’s Special Motion for Summary Judgement

“Upon information and belief, the Plaintiffs malicious prosecution suit is nothing more than an attempt by the City of St. Louis, the State of Missouri and two developers, Mark Schnuck and Steve Stogel, to punish and intimidate citizens from exercising their constitutional rights to speech, petition, and access to the courts. This suit against citizens whose speech against a government project at public hearings and meetings resulted in the filings of litigation to challenge the project is a SLAPP suit dressed up as a malicious prosecution cause of action.”

Today Judge Ohmer issued a stay in the plaintiff’s request for discovery. Judge Ohmer also heard arguments in the defendant’s motion for Summary Judgement (a form of dismissal). Matthew Ghio, attorney for the defendants, said he does not expect a ruling until sometime next year. Both sides have indicated they will appeal if they lose the motion for Summary Judgement. Thus, the litigation against Behrendt and Plackemeier could last for another couple of years.

– Steve

 

Currently there are "3 comments" on this Article:

  1. Margie Newman says:

    I predict the plaintiffs will spin even an embarrassing defeat as a victory. And they’ll get by with it because the BJ will do their work for them, again. I’m not prescient, just experienced with these players.

    And the beat goes on.

     
  2. Brian says:

    Too many hypocrisies to remember.

    Construction of a garage opposite the OPO was consistent with the Downtown Plan (despite language stating otherwise) yet an alternative garage location on the urban plaza site was inconsistent (due to language supporting such plaza).

    Parking was crucial to surrounding development, despite Roberts Lofts and the Paul Brown opening without the garage. Must be risky developers.

    Or parking is at least crucial to attracting OPO tenants. Somehow then, the judges, Webster, Biz Journal, and Public Library must each already have current parking nightmares at their other downtown locations.

    By sacraficing the Century, we saved the OPO and other area buildings. But all but the Syndicate-Trust and OPO had seen development start (the Arcade-Wright awaiting completion of Paul Brown) prior to the City devising the 9th street garage. Plus, the City and State owners didn’t issue any Request For Proposals for the Century/Syndicate-Trust to solicit private interest, until after the Century was torn down. Oh yes, and the OPO was on the verge of crumbling when it had just been remodeled in the 1980s by the US government.

    [REPLY – excellent summary of the hypocrisies put forth by Slay/Geisman and the developers. Another is the National Trust for Historic Preservation supporting the project based on the argument that it was necessary to save another historic building. – SLP]

     
  3. Ed Golterman says:

    Ah..the Century…may be it had to go but
    it was given a $400,000 nudge by Richard
    Moe..’Moe flies in with money…to jumpstart..
    the Old Post Office’. Remember. But
    Richard told Ed Golterman…we wont help
    with Kiel..she’s in your good hands.

    When the Trust went from public funding to
    private funding guess which St. Louis
    based law firm is within walking distance?

    I dont understand much about downtown
    except the Old Post Office was loaded with
    non-revenue producing tenants and the
    taxpayers will subsidize it forever..and only
    Kim is going to haul a dollar out of there.

    Truth betold..Kiel should have been the
    model, the poster-boy for downtown
    revitalization…the catalyist that other
    cities used.

    Friday Dallas opens Dallas Opera House
    and the Wyle Theater in its new downtown
    performing arts center. Think a few folks
    are going to Dallas this winter?

     

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