Legal Wrangling Over Century Building and Parking Garage that Mocks the Century Continues
Readers of the St. Louis Business Journal were treated last week to another of their one-sided near press release type articles, this time an update on the latest in the lawsuits between interested parties of the 9th Street Garage (that over lit monstrosity facing the Old Post Office) and two citizens that happen to be friends of mine, Marcia Behrendt & Roger Plackemeier. The latest? Well, the developers (and city and state agencies) are filing a motion to have attorney Matt Ghio named as a defendant as well.
I should back up a bit here and explain how we got to where we are today. In short, Behrendt & Plackemeier both sued a long list of people over the plan to raze the Century Building for the construction of a parking garage. Various lawsuits focused on process, such as approvals, as well as the official downtown plan which indicated no parking garage should face the Old Post Office. Behrendt & Plackemeier were seeking to save the Century Building which was individually listed on the National Register of Historic Places.
Once the building demolition was underway, as these citizens could not post bond sufficient to get a restraining order, their suits became moot. However, the developers and others came back and sued them with malicious prosecution. This is basically a legal way of suing if someone sues you with no basis — if they sued you simply to be disruptive. However, in the case of Behrendt & Plackemeier I know that they were seeking to save a historic structure from meeting an untimely mess and to protect their personal property interests. Proving Behrendt and Plackemeier had no foundation for their lawsuits it a tough legal challenge. This brings us current.
Now, the Business Journal is talking about a motion filed by the developers seeking to name Behrendt & Plackemeier’s attorney Matt Ghio as a defendant. They seek to add two counts of “abuse of process” to the claim of malicious prosecution. Although the developers just filed their motion and the judge has not ruled, later in the article writer Christopher Tritto calls them a “trio of defendants.” Uh, maybe it is best to wait for the judge to determine that?
Today the garage is finished and damn if it ain’t boring as, well, a parking garage. Recently I was at a function on the top of the Metropolitan Building and the most visible building downtown was this parking structure. The lighting level are so bright we don’t even need street lights. At least it doesn’t have mag wheels attached to it like the one over on 7th. The Old Post Office Square area is also boring, very little to do. The most visibly active of the tenants in the building is the Pasta House Pronto which seldom has any customers on the times I’ve been there. The razing of the Century and construction of yet another downtown parking garage is Slay’s equal to Schoemehl’s Gateway One decision — controversial at the time and in hindsight a very poor decision.
I personally applaud Behrendt & Plackemeier for their continued fight in this battle. Of course, when you are being sued for a million dollars you kinda have to keep fighting.
I will admit to having mixed feelings about what happened with the Century building. But regardless, this action against those who opposed its demolition strikes me as pointless and malicious. Really, it’s a “SLAPP” suit at its worst – plaintiffs have no hope of recovering even a small portion of what they seek, but it will have a chilling effect on those who oppose city development policy in the future.
The greatest hypocrisy here is that the City was at one time the plaintiff suing the previous owner of the Century-Syndicate when that private owner sought to demolish the full block for parking. Apparently, the City can sue private owners to prevent them from demolishing a whole block for parking, but private citizens shouldn’t sue governmental bodies for trying to demolish a half-block for parking.
Two citizens stood up to do what they believed was right, and now they face financial ruin. I admire Marcia and Roger, who have shown great grace through this trying time.
The developers leading this action — and the city that is suing its own citizens — should all be ashamed of themselves. They tore down a National Register listed building for a parking lot, and they act surprised that people called them out on that.
They can keep giving themselves awards from now ’til kingdom come, but what they did will still and always be wrong.
well said margie
This town is “ran” by a bunch of morons. We already have a surplus of parking. What this has it done for our City, like the highway, is make it easier to reside outside the City limits and access our amenities. In effect it makes being a freerider much more attractive. One can live outside the City without paying the costs as in taxes, crime, and bad schools, while reaping the benefits through a relatively short commute. Congestion, and a shortage of parking, is our friend because it provides an incentive for people to walk or use transit. This is especially true when walking and transit is a supplementary good rather than an inferior good. Moreover, it provides an incentive to live closer to those amenities, as in within the City limits. Finally, you know that our City is fucked up when Professors from many architecture schools send in letters praising the merits of specific buildings yet the City demolishes them anyway. Such was the case with Real Estate Row and it is documented in Larry Giles’ Gateway Mall Scrapbook available at MoHist’s Research Library. That unfortunate incident, and the Century/Ambassador demolitions, reveal how provincial and hedonistic we really are.
I still don’t understand the point of the lawsuit. The Old Post Office was renovated, the Cenuty Building came down, the garage went up. Seems like the developers finished their project in a timely manner.
The builders of the garage did cause delays in the construction schedule by accidentally flooding the site after piers had been poured, thus obstructing the project from its original completion date — yet they were not flogged by B-J editorial writers or sued by city government.
So what media watchdog can we contact to expose this travesty of justice?
This is unfortunate. I checked and Missouri does have an anti-SLAPP law in place (http://www.mobar.org/e9b8133e-9ebe-4c38-809b-fc3cffde6e58.aspx) – I don’t know if it can help these folks . . . The one statement I do find a bit troubling is that “. . . Behrendt & Plackemeier both sued a long list of people . . .” in an effort to stop the demolition. If this is so, I wouldn’t be surprised that more than a few on that “long list” may have felt unfairly targeted and may now be viewing turnabout as fair play . . .
.
Don’t get me wrong, I don’t think the historic building should’ve been torn down, and I don’t view the new garage as an improvement. I’m also not a big believer in suing anyone, except as a very last resort. In this case, I don’t doubt that some legal action was appropriate. It just seems, on this one, that too many hard feelings are keeping too many lawyers in business . . .
http://www.youtube.com/watch?v=VuIDRhKHHQ0
The problem seems to be same as always, the wrong people are running everything, the people with money call the shots. They have no values other than money. What’s worse they have no idea how to build cities. They base everything on money, the false god. The irony is they all no doubt make a big show about going to church, being Christian and the like. Their greatest skill is in working over government policy to make more money.
In another time and place it would be called corruption, stealing and unethical. Since they also make the laws it is reported in the press as being upstanding.
The attempt to squash public opposition through lawsuits shows just how criminal the whole system is.
I hate to be so harsh, I’m sick of the whole mess to tell the truth. Until the system works for the citizens the danger is this country turns into some sort of criminal haven for the wealthy.
I go to church at St. Margaret’s of Scotland and hear about justice and concern for your fellow man, but where is the outrage? The Schnucks family and the rest of those who run MoDot and determine government policy should be called to account.
Instead they are not satisfied with manipulating government for their benefit, they feel they must also persecute anyone who dares oppose them. It is medieval in it’s approach.
Examination of the Bill of Rights and the Constitution show a callous disregard for the right of protest. Unfortunately the justice system has not shown signs of independence either. Lets face it, the justice system and the political establishment is not going to wine and dine with the common people, they hang with the Schnucks family and the similar corporate power brokers who pick up the tab and kick in a few more bucks for the hell of it. Taxes are not enough.
We have the best government bought lock, stock and barrel by corporate America.
The ideals of America has attained great heights, as long as you can afford to buy it. What great prospects for the future!
But don’t worry, like Goebbels in Germany, the press will keep telling us how great we have it and if we don’t believe their propaganda, well something must be wrong with the people.
In fact maybe there should be a lawsuit against the American people for allowing such a corrupt government to come into being. (Please note I read over and over the most corrupt countries of the world are in Africa etc. But America leads all in corruption, remember the that the laws are made and administered by the few for the benefit of the few, only it is called normal business rather than corruption)
I realize I should be diplomatic and nice, but when the corruption of established powers attempts to silence the voice of the people, it is imperative that everyone speak up to overthrow the vanity of the wealthy and their government servants.
There is much that is good about America, but there is far, far too much that is bad, and it starts with the outright purchase of government by insiders.
Another example of “having the law on your side” and manipulating it in a way that it was likely not intended, that may or may not apply here in Missouri: http://www.denverpost.com/news/ci_7501264
“Examination of the Bill of Rights and the Constitution show a callous disregard for the right of protest.”
.
.
Oh puh-leez. I just checked the Bill Of Rights this morning and trust me, we still have the right to protest. Filing lawsuits is not protest.
.
Also, does bringing up Goebbels qualify for Godwin’s Law? Or must it be Hitler?
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Aren’t the two individuals in question petitioning the government for a redress of grievances when they file a lawsuit?
It is your right as an American citizen to be able to file lawsuits–and I’m not trying to be ironic here.
“It is your right as an American citizen to be able to file lawsuits–and I’m not trying to be ironic here. ”
.
Yes it is. Developers also have the same right – to counter-sue.
I park in the 9th street garage as do many residents, commuters, Webster University night students, and area sports fans. I enjoy the light the garage gives off at night while walking from my car and on the street. The garage, while not a masterpiece, has some nice details and is much better than the concrete slab behind the couples renovation. It may bring Schnucks downtown and allowed for the current development. The area which was once dead, (unless you were looking for a drink or pizza at 2am), has been awakened with new life. I’m sorry to hear about the SLAPP lawsuit. It seems more like a revenge than justice to me. I just wish there was a some demand for office space in this area instead of condos and parking.
“The area which was once dead, (unless you were looking for a drink or pizza at 2am), has been awakened with new life.”
.
What? by the garage? are you kidding?
that would be the area has been awakened by all the foot traffic hurrying across 9th, under the yellow glare, trying to avoid interacting with the city, Yeah… no. Any awakening that has happened so far in that block is because of the Paul Brown and City Grocer. The garage didnt really allow for the development, its reason d’etre is really that it made constructing the project more financially appealing to the particular developer. It will subtract from the long term success of the block.
Pennypacker didn’t you read the article Steve wrote? The intent of the lawsuit is to squash dissent. I guess we all should quietly sit by and go yes sir, yes sir, do as you please, walk all over us.
It is clear the lawsuit is unwarranted. Behrendt & Plackemeier were trying to save a significant building with a historic designation. If the anti SLAPP law works in Missouri, the lawsuit should be thrown out. However, like the legislative branch, the judiciary is run in a way that the wealthy benefit fully, while all others get screwed. This is a perfect case of that happening, attacking someone who cannot possibly have the resources to fight a protracted legal battle.
Truly if there was justice, this would not be allowed to happen. There would be equal access to the courts for to all involved. Instead this court case could ruin Behrendt & Plackemeier financially, discouraging dissent by others in the future, you understand the concept Pennypacker?
Of course St. Louis has been so well managed over the past fifty years that a mere several hundred thousand residents have left. The corporate/political establishment has done such a wonderful job that I guess we should all should just be grateful and sit back and let them finish running the city into the ground.
New life. Let me think about that block 7 years ago. Yep, new life. Take a look around. A new sushi restaurant and Pulaski Bank just opened at the corner. Renovated Paul brown, Bell lofts, Board of Education, and Orpheus theatre in the area. The new condo tower and plaza in development. The Syndicate is moving along, as well as the Arcade and the chemical building. It’s time to move on…how about a bicycle rack in front of the City Grocer. That would be nice. I love the light that beautiful garage gives me at night. It’s a matter of taste. De gustibus non est disputandum.
Exactly how many cars could the Renaissance garage hold?
Already moved on. Trying not to forget the lessons of a terrible mistake.
cum hoc ergo propter hoc
Here is a quote from the post which goes on to talk about the Century and those involved.
“If the sale falls through, Finney said, he will proceed with demolition to make way for a parking garage…
“Dierker said the Syndicate Trust-Century is too far gone to save. It “is a derelict, full of rubbish and literally falling apart inside and out,” he wrote.
“The record is equally clear that there is no way on earth to rehabilitate the building to put it to an economically viable use,” the judge said. “There is not a scintilla of evidence that anyone . . . could obtain a fraction of the financing to rehabilitate the buildings….”
Can somebody get Judge Dierker a tour of the new Syndicate? After readying more about this on builtstlouis, it seems the vacant lot would have been a viable option for a parking lot.
I would also like to thank Finney for helping keep St. Louis downtrodden. There are too many scumbags, mostly out of town groups, that hold on to derelict prosperities waiting to cash in on development. Meanwhile, we are stuck with abandoned buildings, and yes, new parking garages.
This may be old news for most of you who were around for the Century demolition, but it is news to me. Thanks, Finney, thanks Judge D, and thanks for the support Benjamin.