Judges Robert Dowd, Mary Hoff and Sherri Sullivan agree with 22nd Circuit Judge Robert H. Dierker, who ruled in July 2010 that the City should not have awarded the developer any subsidies because, under state statute, his plans weren't specific enough.
However, the judges have decided to send the case to their robed colleagues in Jefferson City, writing:
We would affirm the trial court's judgment; however, due to the general interest or importance of questions involved, we transfer the case to the Supreme Court.
"I think that it's a step in the right direction," says Bevis Schock, the Clayton-based attorney representing the plaintiff residents who own property within the footprint of McKee's vision (a.k.a., NorthSide Regeneration). "The public needs to understand that [the appeals judges] completely bought all of our arguments, but it's not a final decision. The Supreme Court's gonna have a fresh look at it. It's like a brand-new appeal."
Paul Puricelli, the attorney representing McKee, tells Daily RFT:
Most importantly, Paul McKee remains committed to this project. Secondly, we think the Court of Appeals got it wrong, so we're glad that they're going to leave [the final call] to somebody else.Read our coverage of the original suit, Dierker's decision, the contentious run-up to the appeals hearing, and the hearing itself. You can also read today's entire opinion after the jump.
I would hope everybody keeps in mind that the TIF portion of project is for public infrastructure - things like sewers, sidewalks. So to the extent that that this ruling delays a final ruling on those issues, it's the people of the north side that suffer. They need sewers. They need sidewalks. That's the shame of it.
MO Eastern District Court of Appeals Re NorthSide Regeneration