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.