Century Building Case Continues Wind Through Court System

Yesterday I spent a half hour sitting in a courtroom listening to lawyers support and counter arguments in the case against two friends of mine, Marcia Behrendt and Roger Plackemeier.  Each filed lawsuits a number of years ago once it was realized developers sought to raze the historic Century Building for a parking garage.

Ultimately the developers got their financing and began demolishing the long-standing building — the very one the city had only a few years earlier told the then owner it should not be razed for parking. That started on the evening of October 20, 2004 — they had to quickly damage the building beyond repair.  As Behrendt & Plackemeier had sought to save the building, the one remaining and active suit was dropped.
In April 2005 the state (via the Missouri Development Finance Board) the city (via the Land Clearance for Redevelopment Authority), the developers NSG Developers LLC and St. Louis US Custom House and Post Office Building and Associates (aka Steve Stogel and Mark Schnuck) decided to sue Behrendt & Plackemeier, claiming “malicious prosecution.”

Recently they are asking the court to name attorney Matt Ghio as a defendant as well.  By doing so, he could represent himself but not B&P.  Doug Down, now representing NSG and the Post Office Associates, made Ghio out to look like an evil lawyer run amuck – handing out bad advice to B&P.  Dowd then told judge Donald McCullin that they’d sue Ghio individually if he were not added a defendant.  Ghio, in rebuttal, indicated this simply proved the developers, state and city sought to separate Ghio from defending B&P.  Ghio, having been involved in these cases for a good five years or so, knows all the issues quite clearly — that removing him would “prejudice his clients.”

Before Judge McCullin now are motions from each side.  The plaintiffs (developers, city, state) seek to add Ghio as a defendant (a motion to leave) as well as add another charge of “abuse of process” to B&P.  The defendants (B&P) filed a “motion for summary judgment” — asking the judge to throw out the case all together.  I’ll keep everyone posted once the judge makes his ruling on these motions.

[Photo by Alan Brunettin from Remember the Century pictorial.]