March 05, 2008

Bad news for Premier 370 and St. Peters

A Missouri Court of Appeals decision out of the Western District, could be a big blow to St. Peters and its financing of Premier 370, a development in a flood plain off of Highway 370. The decision reverses a judgment entered in the Circuit Court of Cole County granting St. Peters Motion for Summary Judgment against claims brought by various entities and individuals (plaintiffs) challenging St. Peters usage of tax increment financing (TIF) on the development.

A Motion for Summary Judgment asks a court to enter a judgment against a party based upon undisputed material facts in the case. The "facts" in the motion are presented to the courts in various ways (such as affidavits, documents or deposition testimony) but the court does not here live testimony.
The Court of Appeals decision is not a ruling in favor of the plaintiffs but instead states that the Circuit Court was incorrect in entering a judgement on behalf of St. Peters based on the "undisputed facts" presented in the motion. This means the case can go forward and allows for a trial.
According to an article in the Post-Dispatch, St. Peters officials stated the court's comments about "a full-blown court trial to review municipal decisions rather than summary proceedings are very troubling." I have to agree with St. Peters on this one, allowing evidence to be presented in public about how the city makes its decisions could be very troubling for St. Peters as well as some of its elected officials and administrators, past and present. But then sometimes the truth can be troubling.

1 comment:

Anonymous said...

I guess Susan Montee didn't consider this little nugget.