Appeals Hearing in NorthSide Case Got Heated

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NorthSide case throw-down was this morning at Easter District Court of Appeals
If you're a developer, and you want the Board of Aldermen to subsidize your huge redevelopment, how specific must you be about your plans? 

That was the central question this morning during a hearing in Missouri's Eastern District Court of Appeals downtown. And things got a bit heated.

Developer Paul McKee himself showed up to the proceeding -- the first time in this particular lawsuit. For years, he's been touting his $8.1 billion plan to transform 1,100 acres of North St. Louis, and insists that he'd been specific enough when he convinced the Board of Aldermen several years ago to pledge $390 in public subsidies for his vision.

But a group of Fifth Ward residents who live in the plan's footprint beg to differ, and state circuit judge Robert H. Dierker has agreed with them: State statute, Dierker ruled in July 2010, requires a developer to describe a specific "project."


Legislators did not define project when they wrote the law, so Dierker came up with his own. And McKee, he felt, failed to present any specific "project."

Never once this morning did McKee's lawyer, Paul Puricelli, use the term "judicial activism" as he argued before Judges Robert Dowd, Mary Hoff and Sherri Sullivan. But he definitely implied it by saying that Dierker had, with his ruling, "grafted" and "added" a "new definition" to the statute that legislators had never intended.

(Which would be quite ironic if true, since Judge Dierker is famously conservative).

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Paul Puricelli, legal counsel for developer Paul McKee
Puricelli further argued that the plaintiffs never brought up the "project" issue at trial. Then he reiterated his long-standing point that taxpayers have in no way written Paul McKee a check for $390 million. Rather, McKee must put up the money himself, do the infrastructure work, have the city check that work, and only then would he be reimbursed.

It's McKee whose neck is really on the line, Purcielli asserted -- and isn't that what we want for desolate North St. Louis? A private investor?

Then it was Bevis Schock's turn to defend the trial court's ruling and his Fifth Ward residents.

"This isn't about policy," he told the panel. "This is about houses." To Schock, the proposed development has devalued his clients' land and imperiled their private property by subjecting it to the threat of eminent domain.

Schock was pressed by the judges for his own interpretation of "project." He said a "project" would amount to a specific building that has evidence of financing and its own cost-benefit analysis.

And once again, Schock expressed incredulity about McKee's grand scheme.

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Bevis Schock, representing Fifth Ward plaintiffs in the NorthSide case
"When one looks at the assumptions made," he said, "one realizes that the plan is from another universe. Twenty percent growth rate? Six hundred thousand homes valued at $450,000 per unit? That's much higher than we have in Ladue."

McKee and company's plan, Schock said, is so unreasonable, "it's impossible that they believe what they submitted." The only explanation, then: The guy's a liar with his fingers in the public purse.

That was too much for Puricelli.

"If you're going to accuse my client of intentional misconduct," he railed in his three-minute reubttal, "you better get it right."

After months of complaint from the plaintiffs that McKee hadn't been specific enough, Puricelli said, Schock finally ventured his own definition of "project": a specific building with specific financing.

"Wrong," said Puricelli. "That's not in the state statute." And to be fair, it isn't. The question then would be: Does Schock's definition fit with Dierker's definition? And will the appeals judges even approve of Dierker's definition?

McKee himself betrayed little emotion in the galley. But his presence was interesting. Maybe he'd taken to heart the comment from Judge Dierker's July 2010 ruling: "The Court did not have pleasure of meeting Paul McKee at trial."

Well, this time they have.

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9 comments
Beavis
Beavis

heh.... that dude's name is 'Bevis'

Communist_Manifesto
Communist_Manifesto

"Let us not entertain conspiracy theories"

Because that could expose the conspirators.

Communist_Manifesto
Communist_Manifesto

It needs to be a LOT more heated. These communists that have benefited from decades of communism and redistribution of wealth are not going to change in the status quo. This is fight Americans need to engage in to permanently kick communism out of America and restore this nation to a Republic again.

The 10 PLANKS stated in the Communist Manifesto and some of their American counterparts are...

1. Abolition of private property and the application of all rents of land to public purposes. Americans do these with actions such as the 14th Amendment of the U.S. Constitution (1868), and various zoning, school & property taxes. Also the Bureau of Land Management (Zoning laws are the first step to government property ownership)

2. A heavy progressive or graduated income tax. Americans know this as misapplication of the 16th Amendment of the U.S. Constitution, 1913, The Social Security Act of 1936.; Joint House Resolution 192 of 1933; and various State "income" taxes. We call it "paying your fair share".

3. Abolition of all rights of inheritance. Americans call it Federal & State estate Tax (1916); or reformed Probate Laws, and limited inheritance via arbitrary inheritance tax statutes.

4. Confiscation of the property of all emigrants and rebels. Americans call it government seizures, tax liens, Public "law" 99-570 (1986); Executive order 11490, sections 1205, 2002 which gives private land to the Department of Urban Development; the imprisonment of "terrorists" and those who speak out or write against the "government" (1997 Crime/Terrorist Bill); or the IRS confiscation of property without due process. Asset forfeiture laws are used by DEA, IRS, ATF etc...).

5. Centralization of credit in the hands of the state, by means of a national bank with State capital and an exclusive monopoly. Americans call it the Federal Reserve which is a privately-owned credit/debt system allowed by the Federal Reserve act of 1913. All local banks are members of the Fed system, and are regulated by the Federal Deposit Insurance Corporation (FDIC) another privately-owned corporation. The Federal Reserve Banks issue Fiat Paper Money and practice economically destructive fractional reserve banking.

6. Centralization of the means of communications and transportation in the hands of the State. Americans call it the Federal Communications Commission (FCC) and Department of Transportation (DOT) mandated through the ICC act of 1887, the Commissions Act of 1934, The Interstate Commerce Commission established in 1938, The Federal Aviation Administration, Federal Communications Commission, and Executive orders 11490, 10999, as well as State mandated driver's licenses and Department of Transportation regulations.

7. Extension of factories and instruments of production owned by the state, the bringing into cultivation of waste lands, and the improvement of the soil generally in accordance with a common plan. Americans call it corporate capacity, The Desert Entry Act and The Department of Agriculture… Thus read "controlled or subsidized" rather than "owned"… This is easily seen in these as well as the Department of Commerce and Labor, Department of Interior, the Environmental Protection Agency, Bureau of Land Management, Bureau of Reclamation, Bureau of Mines, National Park Service, and the IRS control of business through corporate regulations.

8. Equal liability of all to labor. Establishment of industrial armies, especially for agriculture. Americans call it Minimum Wage and slave labor like dealing with our Most Favored Nation trade partner; i.e. Communist China. We see it in practice via the Social Security Administration and The Department of Labor. The National debt and inflation caused by the communal bank has caused the need for a two "income" family. Woman in the workplace since the 1920's, the 19th amendment of the U.S. Constitution, the Civil Rights Act of 1964, assorted Socialist Unions, affirmative action, the Federal Public Works Program and of course Executive order 11000.

9. Combination of agriculture with manufacturing industries, gradual abolition of the distinction between town and country, by a more equitable distribution of population over the country. Americans call it the Planning Reorganization act of 1949 , zoning (Title 17 1910-1990) and Super Corporate Farms, as well as Executive orders 11647, 11731 (ten regions) and Public "law" 89-136. These provide for forced relocations and forced sterilization programs, like in China.

10. Free education for all children in public schools. Abolition of children's factory labor in its present form. Combination of education with industrial production. Americans are being taxed to support what we call 'public' schools, but are actually "government force-tax-funded schools " Even private schools are government regulated. The purpose is to train the young to work for the communal debt system. We also call it the Department of Education, the NEA and Outcome Based "Education" . These are used so that all children can be indoctrinated and inculcated with the government propaganda, like "majority rules", and "pay your fair share". WHERE are the words "fair share" in the Constitution, Bill of Rights or the Internal Revenue Code (Title 26)?? NO WHERE is "fair share" even suggested !! The philosophical concept of "fair share" comes from the Communist maxim, "From each according to their ability, to each according to their need! This concept is pure socialism. ... America was made the greatest society by its private initiative WORK ETHIC ... Teaching ourselves and others how to "fish" to be self sufficient and produce plenty of EXTRA commodities to if so desired could be shared with others who might be "needy"... Americans have always voluntarily been the MOST generous and charitable society on the planet.

Do changing words, change the end result? ... By using different words, is it all of a sudden OK to ignore or violate the provisions or intent of the Constitution of the united States of America?????

The people (politicians) who believe in the SOCIALISTIC and COMMUNISTIC concepts, especially those who pass more and more laws implementing these slavery ideas, are traitors to their oath of office and to the Constitution of the united States of America... KNOW YOUR ENEMY ...Remove the enemy from within and from among us.

the voices aint real man...
the voices aint real man...

Wow.  And in 4 posts today no less.  Before you do it could you do us a favor and let everyone know the exact time and place you plan to shoot everyone?  Thanks!

Communist_Manifesto
Communist_Manifesto

You're hollyweird version of history is repulsive. Everything you know about history you learned from the Bolsheviks of the public school indoctrination system. Do you have a Hitler doll that you stick pins everytime someone corrects the falsified holyhoax numbers?

Douglas Duckworth
Douglas Duckworth

Did you know that Lenin rather disliked Stalin while the Iron Man had Trotsky assassinated?  Your Tea Party view of history makes me think that you got a degree from Glenn Beck University.  By the way this has nothing to do with the topic of Blairmont.  Enjoy worshiping Ayn Rand and her sociopathy.

These are serious issues here and they have nothing to do with communism.  Please move to Texas. 

Communist_Manifesto
Communist_Manifesto

That felt good to type in "Hitler" didn't it? You felt all your training by the communists had paid off in that you learned to type in "Hitler" all by yourself. Myths and fairytales taught to you by the same communists that left out the truth. The truth about Stalin, Trotsky, Lenin and 1000's of other Jewish Bolshevik Communists and their murder of some 45 Million White Christians. You are now a Master Communist. Ready to spread the word of the beauty and freedom of Communism and it's ability to feed and clothe the masses from the excess drawn from your utopian Communist world.

JFED
JFED

You are a red baitter... Like Hitler!

Ad hominem attack right back at you.

Put you stove pipe hat on and go back to owning your factory capitalist. LOL

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