by Michael R. Allen
Today’s press release from the Friends of the San Luis (for which I serve as president).
While the Friends of the San Luis had hoped for a ruling by the Court of Appeals that would have affirmed the public interest rights of the community, we accept the ruling issued last week. We will not appeal the cause further, but instead will rededicate ourselves to the outreach and education needed to prevent future losses.
At the start, we sought remedy to a loophole in the St. Louis preservation ordinance (Ordinance 64689) that requires a stay of demolition to appeal meaningfully an action by the Preservation Board. We have always maintained that stakeholders should not have to undertake extraordinary legal measures to assert a right of standing implicit in the ordinance.
However, we appealed the circuit court ruling expressly to clarify that right for future preservation battles â€“ even after we lost the building that united us. Our hope has been that no other citizens would have to go to the troubles that we have. Unfortunately, they probably will. While the aldermen who passed the ordinance apparently intended for there to be a legitimate right to appeal â€“ a necessary check and balance system — the Court has found that the wording is insufficient to explicitly endorse that right.
The Court of Appeals ruling suggests that the ultimate remedy is not judicial but legislative. The city preservation law is a wonderful example of government recognition of the public interest in historic preservation and urban planning, but it has a major weakness in leaving the public right to appeal as clear as red brick. That should change.
While we are disappointed, we are at least encouraged that the ruling has unequivocally identified an aspect of the city’s preservation ordinance that needs to be clarified by our representatives in order to ensure due process in the fair and transparent mediation of disputes.