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Century SLAPP Suit Six Years Old Today

April 19, 2011 Downtown 6 Comments
ABOVE: Former Century Building. Image via Built St. Louis, click image to view entry

Six years ago today  a “malicious prosecution” lawsuit was filed against two downtown residents/property owners over their earlier lawsuits questioning the legality of the deals that ultimately led to the razing of the historic Century Building (case #22052-01373).  Marcia Behrendt & Roger Plackemeier, both friends,  remain defendants today. The plaintiffs have delayed the case numerous times over the years.

To win a suit for malicious prosecution, the plaintiff must prove four elements: (1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case, (3) that the defendant did not have probable cause or reasonable grounds to support the original case, and (4) that the defendant initiated or continued the initial case with an improper purpose. Each of these elements presents a challenge to the plaintiff.

I’m no lawyer but here is what I know:

  1. The original case was dropped after demolition crews began razing the building, making a court victory a moot point.
  2. True, they did.
  3. Based on what I’ve seen they did have probable cause, proving otherwise seems difficult.
  4. Like #3 their purpose seems legit.  But that was 2003-04, a lot has happened since then.

Plaintiffs are the Missouri Development Finance Board, Land Clearance for Redevelopment Authority of the City of St. Louis and two private developer entities. So the State of Missouri and the City of St. Louis have been parties in this case for the last six years.  Wow, I can only imagine the legal fees they, I mean we, have payed so far in this case against these two.

I consider this a SLAPP (strategic lawsuit against public participation) suit.  A jury trial is currently scheduled to start on May 16, 2011 before judge Ohmer, but I’m not holding my breath.

– Steve Patterson

Prior posts:

 

 

Currently there are "6 comments" on this Article:

  1. Jeff Wiegand says:

    Those bastards need to drop that suit.

     
  2. Jeff Wiegand says:

    Those bastards need to drop that suit.

     
  3. MLBaldwinstl says:

    I wish I could be on that jury….

     
  4. MLBaldwinstl says:

    I wish I could be on that jury….

     
  5. Ian Simmons says:

    According to Missouri caselaw, “termination…in favor” can include dismissal of the suit without prejudice, for purposes of a malicious prosecution action.

     
  6. Ian Simmons says:

    According to Missouri caselaw, “termination…in favor” can include dismissal of the suit without prejudice, for purposes of a malicious prosecution action.

     

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