City Apartments at West End claims notice of condemnation was unlawful

By Noddy A. Fernandez | Jul 5, 2017

ST. LOUIS — A property owner is suing government agencies, citing alleged inverse condemnation and invasion of private property.

City Apartments at West End LLC filed a complaint in the St. Louis 22nd Judicial Circuit Court against the city of St. Louis; Board of Building Appeals of the city of St. Louis; and John and Jane Doe, in their official capacities as members of the board of building appeals, alleging that the defendants violated the building code standards by conducting unlawful procedure of providing notices of condemnation.

According to the complaint, the plaintiff alleges that on July 26, it received the defendants' notice of condemnation for occupancy for its three apartment buildings. The plaintiff made an appeal to the Board of Building Appeals, but its request to preserve the properties was denied. As a result, the plaintiff claims it will suffer a severe economic impact through denying use of 15 apartments that are occupied. 

The plaintiff holds the defendants responsible because they allegedly denied a fair and meaningful hearing, failed to comply with requirements for a contested-case review by presenting substantial evidence to the board before sending notices and deprived plaintiff of its property and due process rights secured by the 14th Amendment to the Constitution.

The plaintiff seeks judgment for damages and just compensation in such amount being in excess of $25,000, for attorneys' fees, costs and for such other further relief as the court may deem just and proper. They are represented by Helmut Starr and Edward J. Sluys of Curtis, Heinz, Garrett & O'Keefe PC in St. Louis.

St. Louis 22nd Judicial Circuit Court case number 1722-CC00625

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