Wednesday, June 13, 2007

I May Have Jumped The Gun Before...

...But just think of it as I was prematurely correct. From the St. Louis Post-Dispatch: Clayton site isn't blighted

In a decision that could derail the $210 million Centene Development project, the Missouri Supreme Court ruled today that an affluent intersection in Clayton does not meet the definition of blight.

The high court ruled that the City of Clayton failed to demonstrate that the 7700 Block of Forsyth Boulevard presents a "social liability" the community. That legal standard, the court ruled, is critical to justify redeveloping the area over the objection of property owners.

"Based on the foregoing definition of "social liability," the evidence was insufficient, the ruling reads. "In particular, the evidence before the city concerning fire, police, and emergency services reports did not support a conclusion of social liability."

The Centene development project was approved by the city of Clayton in December 2005. A St. Louis County judge approved it in January of this year, but the Missouri Court of Appeals later ruled the property is not blighted and referred the matter to the Supreme Court.

The Supreme Court voted 6-1 in an unsigned opinion, with Judge Ronnie White dissenting.

"This does not fit with the popular perception of what constitutes a blighted neighborhood, to wit, an area that is rundown and located in a marginal community, one that offers little attraction to businesses and, thus, must resort to incentives, including the opportunity to acquire property by eminent domain, to encourage investment," Judge Laura Denvir Stith wrote in a separate and concurring opinion.

The Centene case was, of course, the one I highlighted in my piece about Philip Klein and his documentary Begging for Billionaires.

It is nice to know the courts in Missouri can make the no-brainer decisions.

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