Missouri's Eastern District Court of Appeals
Photo by Jennifer Silverberg
Paul McKee now must wait for the Supreme Court to determine whether he can keep his TIF
has finally weighed in
on the lawsuit to thwart developer Paul McKee
's $8.1 billion, 1500-acre vision for a new North St. Louis.
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
, 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.
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.
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. MO Eastern District Court of Appeals Re NorthSide Regeneration