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Group files suit to stop development (St. Louis County)
St. Louis Post-Dispatch via stltoday.com ^ | June 8, 2005 | William C. Lhotka

Posted on 06/08/2005 3:28:36 PM PDT by tahiti

Opponents of a $165.2 million retail and commercial center that would replace 254 homes in the Sunset Manor subdivision of Sunset Hills asked a judge this morning to order the city to let its voters decide whether the project should go forward.

Members of the Stop the Sunset Hills Land Grab, a grassroots organization opposed to the project, have collected more than 600 signatures to force a vote but city officials have rejected the initiative petitions, said Will Aschinger, a spokesman for the group, in a press conference outside the St. Louis County courthouse in Clatyon.

The project by Novus Development Co., with $42 million in tax-increment financing from Sunset Hills, is planned for 656 acres east of Lindbergh Boulevard between Interstate 44 and Watson Road. Aschinger confirmed today that Westfield Corp., owner of Crestwood Mall and West County Shopping Center and a competitor of Novus, is helping to finance the suit but is not a party to it.

(Excerpt) Read more at stltoday.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: eminentdomain; fifthamendment; justcompensation; kelo; privateproperty; tyranny
"The project by Novus Development Co., with $42 million in tax-increment financing from Sunset Hills,"

Missouri Constitution

Article I, Bill of Rights, (not bill of privileges)

Section 28. That private property shall not be taken for private use with or without compensation, unless by consent of the owner, except for private ways of necessity, and except for drains and ditches across the lands of others for agricultural and sanitary purposes, in the manner prescribed by law; and that when an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be public shall be judicially determined without regard to any legislative declaration that the use is public.

What part of "unless by consent of the owner,"do they not understand?

1 posted on 06/08/2005 3:28:37 PM PDT by tahiti
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To: tahiti

A question...are the current owners of the land not opposed to this?

This same thing is going on near my parents home. The Farmer owns something like 800 acres, but wants to retire. He is going to sell it in sections to M/I, Homewood and some other housing builders. Dude was going to make a killing. however some isolationist idiots are attempting to block him. It's just silly.


2 posted on 06/08/2005 3:32:15 PM PDT by MikefromOhio (10,000 posts by 29 June!!! 9,494 replies and counting)
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To: traviskicks
Aschinger said the threat of eminent domain has been hanging over Sunset Manor owners for the past six years.

Aren't you running the liberty ping in freepatriot32's absence?

3 posted on 06/08/2005 3:32:56 PM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: MikeinIraq
are the current owners of the land not opposed to this?

I didn't see where the story makes it clear, though it says they can't find any other housing in their homes' price range in that neighborhood and school district.

4 posted on 06/08/2005 3:35:35 PM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: MikeinIraq

It sounds like the residents do oppose a buyout...or are holding out for more money. There wan't mention of any current resident that supports this.


5 posted on 06/08/2005 3:44:30 PM PDT by cubram
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To: tahiti

I can never view a major project involving public money in the St. Louis area without wondering about Dick "Head" Gebhardt's involvement. Is Gephardt or any of his relatives about to make a buck when the project gets railroaded through?


6 posted on 06/08/2005 3:45:12 PM PDT by Tacis ( SEAL THE FRIGGEN BORDER!!!)
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To: SittinYonder; Abram; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; BlackbirdSST; blackeagle; ..

Libertarian Ping! (see post 1 for what the Missouri Constitution says about this - how can it be clearer?)

7 posted on 06/08/2005 3:51:49 PM PDT by traviskicks (http://www.neoperspectives.com/charterschoolsexplained.htm)
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To: tahiti

Who owns the property?


8 posted on 06/08/2005 4:11:03 PM PDT by Lorianne
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To: traviskicks

This is about 8 miles from my house - let me give you a local viewpoint. The houses in the development are older - probably built in 60's, small, lower middle income range.

From what I've seen on the news, a lot of the people want to sell - the biggest fight is coming from Crestwood Mall who is about 4 miles away and does NOT want the competition. I would bet the farm that they are financing this suit.


9 posted on 06/08/2005 4:13:04 PM PDT by Clintons Are White Trash (Lynn Stewart, Helen Thomas , Molly Ivins, Maureen Dowd - The Axis of Ugly)
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To: Clintons Are White Trash

Also, let me add - this development is surrounded on the north side by 6 lanes of major highway, fronted by 4 lanes of busy Lindbergh Blvd. The south is all commercial and I believe the back is also. It's not like they are in the middle of a rural utopia here.


10 posted on 06/08/2005 4:15:26 PM PDT by Clintons Are White Trash (Lynn Stewart, Helen Thomas , Molly Ivins, Maureen Dowd - The Axis of Ugly)
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To: Clintons Are White Trash

The question is whether or not citizens in this country have the right to property or not. Our national constitution and your state one guarantee that right.

If 1000 people want to sell and 1 doesn't then that person has the right and the liberty to keep their property. Anything less is tyranny.


11 posted on 06/08/2005 4:20:43 PM PDT by traviskicks (http://www.neoperspectives.com/charterschoolsexplained.htm)
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To: Lorianne
"Who owns the property?"

Individuals, like you and I.

12 posted on 06/08/2005 5:05:09 PM PDT by tahiti
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To: SittinYonder

well then that is the problem isnt it?

land snatching is well illegal....

Is the snatcher Hedley Lamarr? :)


13 posted on 06/08/2005 7:20:07 PM PDT by MikefromOhio (10,000 posts by 29 June!!! 9,494 replies and counting)
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To: traviskicks
If 1000 people want to sell and 1 doesn't then that person has the right and the liberty to keep their property.

Sounds to me like that one person will have a helluva mall complex all around him...
14 posted on 06/08/2005 7:21:29 PM PDT by MikefromOhio (10,000 posts by 29 June!!! 9,494 replies and counting)
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