538 S.W.2d 320 (Mo. 1976), 59180, Allright Missouri, Inc. v. Civic Plaza Redevelopment Corp.

Docket Nº59180.
Citation538 S.W.2d 320
Party NameALLRIGHT MISSOURI, INC. et al., Plaintiffs-Respondents, v. CIVIC PLAZA REDEVELOPMENT CORPORATION, Defendant-Appellant, and Kansas City, Missouri and John Danforth, Attorney General of the State of Missouri, Defendants.
Case DateJune 14, 1976
CourtSupreme Court of Missouri

Page 320

538 S.W.2d 320 (Mo. 1976)

ALLRIGHT MISSOURI, INC. et al., Plaintiffs-Respondents,

v.

CIVIC PLAZA REDEVELOPMENT CORPORATION, Defendant-Appellant,

and

Kansas City, Missouri and John Danforth, Attorney General of

the State of Missouri, Defendants.

No. 59180.

Supreme Court of Missouri, En Banc.

June 14, 1976

Rehearing Denied July 12, 1976.

Page 321

Sherwin L. Epstein, Stubbs, Epstein & Mann, Kansas City, for defendant-appellant.

William J. Koenigsdorf, Kansas City, for plaintiffs-respondents.

Edward E. Schmitt and Jesse L. Childers, Kansas City, for amicus curiae.

HENLEY, Judge.

This is an action in which plaintiffs-respondents seek: (1) a judgment declaring certain statutes of the state, ordinances of the city of Kansas City, and a contract of the city with defendant-appellant unconstitutional and void; and (2) an injunction enjoining all defendants from proceeding with a redevelopment project described in one of the ordinances. Judgment was for plaintiffs and one of the defendants appealed to the Missouri Court of Appeals, Kansas City district. That court affirmed the judgment. On application of defendant-appellant we ordered the case transferred to this court. We reverse and remand.

The plaintiffs, Allright Missouri, Inc., Phil Jacobs Building Corporation and Joseph D. and Anna Marie Cassata 1 (hereinafter referred to collectively as Allright) are owners or lessees of property located within a part of the business district of defendant, Kansas City (hereinafter the City), proposed for redevelopment by defendant-appellant, Civic Plaza Redevelopment Corporation (hereinafter Civic Plaza).

Page 322

Civic Plaza in an urban redevelopment corporation organized under Chapter 353. 2

On March 9, 1967, 3 Civic Plaza filed with the city clerk an application for approval of a plan for redevelopment of a part of the business district. An amended development plan was filed April 30, 1969. The area proposed for this redevelopment is described generally as being bounded on the north by 13th street; on the east by Locust between 13th and 14th streets, and the junction of 14th street with the Crosstown Freeway; on the south by the Crosstown Freeway; and on the west by McGee street. The Jackson county courthouse and the public library are immediately north of and across 13th street from the area. One block north of the area is the City Hall and Police Headquarters. The new Federal Office building is immediately northeast and across the intersection of 13th and Locust streets. And the Election Board and State Office buildings are immediately east across Locust. The South Humboldt Urban Renewal Project lies generally east and northeast of the area. The Crosstown Center Urban Renewal Project described in Parking Systems, Inc. v. Kansas City Downtown Redevelopment Corporation, 518 S.W.2d 11 (Mo.1974) is one block west of the area.

The area covered by the plan consists of approximately six blocks divided into 26 separate tracts, 12 of which (or 45.4% of the total land area) are surface parking lots. The remaining 14 tracts are occupied by commercial buildings, eight of which are one-story, two are two-story, one is three-story, and two are six-story buildings. In general, the plan calls for the acquisition of all property in the project area and demolition of all buildings, except the Red Cross and Civic Plaza National Bank buildings. These two would be kept intact, but improved to conform to the overall design and scheme of rehabilitation. The plan includes the construction of several new buildings in seven years. Phase 1 includes a six-level parking structure covering two blocks with three 25-story buildings (referred to as Towers) over the parking structure. Phases 2, 3 and 4 include rehabilitation of the Red Cross and Civic Plaza National Bank buildings and the construction of a new parking structure immediately south of those two buildings. Phases 5 and 6 include the construction of underground parking facilities and a park-like green area at ground level. Phase 7 includes the construction of...

To continue reading

Request your trial
14 practice notes
  • 475 So.2d 458 (Ala. 1985), 82-1007, City of Birmingham v. Tutwiler Drug Co., Inc.
    • United States
    • Alabama Supreme Court of Alabama
    • June 7, 1985
    ...is better suited to legislative than judicial determination. Brammer, supra; Allright Missouri, Inc. v. Civic Plaza Redevelopment Corp., 538 S.W.2d 320, 324 (Mo.1976); City of Phoenix v. Superior Court of Maricopa County, 137 Ariz. 409, 671 P.2d 387, 390-91 (1983). We opine that the City of......
  • 742 S.W.2d 146 (Mo. 1987), 69317, Tierney v. Planned Indus. Expansion Authority of Kansas City
    • United States
    • Missouri Supreme Court of Missouri
    • December 15, 1987
    ...and unreasonable as to amount to an abuse of the legislative process. Allright Missouri, Inc. v. Civic Plaza Redevelopment Corporation, 538 S.W.2d 320 (Mo. banc 1976). The owners do not challenge these basic principles. They assert rather that the legislative findings in the case before us ......
  • 641 P.2d 1298 (Ariz.App. Div. 2 1981), 2 CA-CIV 4026, Tucson Community Development and Design Center, Inc. v. City of Tucson
    • United States
    • Arizona Court of Appeals of Arizona
    • December 28, 1981
    ...under redevelopment statutes are in accord. Parking Systems, Inc., supra; Allright Missouri, Inc. v. Civic Plaza Redevelopment Corp., 538 S.W.2d 320 (Mo.1976); West v. City Commission of Garden City, 214 Kan. 473, 520 P.2d 1290 (1974); Davis v. City of Lubbock, 160 Tex. 38, 326 S.W.2d 699 (......
  • 569 S.W.2d 215 (Mo.App. 1978), 38564, Schweig v. City of St. Louis
    • United States
    • Missouri Court of Appeals of Missouri
    • May 16, 1978
    ...Corporation, supra, 518 S.W.2d 11, 15(1) (Mo.1974). See also, Allright Missouri, Inc. v. Civic Plaza Redevelopment Corporation, supra, 538 S.W.2d 320, 324(1) (Mo.banc 1976). "The issue of whether a legislative determination of blight is arbitrary turns upon the facts of each case. And,......
  • Request a trial to view additional results
11 cases
  • 475 So.2d 458 (Ala. 1985), 82-1007, City of Birmingham v. Tutwiler Drug Co., Inc.
    • United States
    • Alabama Supreme Court of Alabama
    • June 7, 1985
    ...is better suited to legislative than judicial determination. Brammer, supra; Allright Missouri, Inc. v. Civic Plaza Redevelopment Corp., 538 S.W.2d 320, 324 (Mo.1976); City of Phoenix v. Superior Court of Maricopa County, 137 Ariz. 409, 671 P.2d 387, 390-91 (1983). We opine that the City of......
  • 742 S.W.2d 146 (Mo. 1987), 69317, Tierney v. Planned Indus. Expansion Authority of Kansas City
    • United States
    • Missouri Supreme Court of Missouri
    • December 15, 1987
    ...and unreasonable as to amount to an abuse of the legislative process. Allright Missouri, Inc. v. Civic Plaza Redevelopment Corporation, 538 S.W.2d 320 (Mo. banc 1976). The owners do not challenge these basic principles. They assert rather that the legislative findings in the case before us ......
  • 641 P.2d 1298 (Ariz.App. Div. 2 1981), 2 CA-CIV 4026, Tucson Community Development and Design Center, Inc. v. City of Tucson
    • United States
    • Arizona Court of Appeals of Arizona
    • December 28, 1981
    ...under redevelopment statutes are in accord. Parking Systems, Inc., supra; Allright Missouri, Inc. v. Civic Plaza Redevelopment Corp., 538 S.W.2d 320 (Mo.1976); West v. City Commission of Garden City, 214 Kan. 473, 520 P.2d 1290 (1974); Davis v. City of Lubbock, 160 Tex. 38, 326 S.W.2d 699 (......
  • 569 S.W.2d 215 (Mo.App. 1978), 38564, Schweig v. City of St. Louis
    • United States
    • Missouri Court of Appeals of Missouri
    • May 16, 1978
    ...Corporation, supra, 518 S.W.2d 11, 15(1) (Mo.1974). See also, Allright Missouri, Inc. v. Civic Plaza Redevelopment Corporation, supra, 538 S.W.2d 320, 324(1) (Mo.banc 1976). "The issue of whether a legislative determination of blight is arbitrary turns upon the facts of each case. And,......
  • Request a trial to view additional results
3 books & journal articles
  • Redevelopment condemnations: a blight or a blessing upon the land?
    • United States
    • Missouri Law Review Vol. 74 Nbr. 2, March 2009
    • March 22, 2009
    ...STALEY &BLAIR, supra note 22, at 9. (99.) Mansnerus, supra note 21, at 438. (100.) Allright Mo., Inc. v. Civic Plaza Redev. Corp., 538 S.W.2d 320, 324 (Mo. 1976) (en banc). (101.) Id. (102.) STALEY &BLAIR, supra note 22, at 8-9. (103.) Lefcoe, supra note 2, at 821. (104.) See, e.g.,......
  • Blighting the way: urban renewal, economic development, and the elusive definition of blight.
    • United States
    • Fordham Urban Law Journal Vol. 31 Nbr. 2, January 2004
    • January 1, 2004
    ...Div. 1978). (141.) Oberndorf v. Denver, 900 F.2d 1434, 1438-39 (10th Cir. 1990); Allright Mo., Inc. v. Civic Plaza Redevelopment Corp., 538 S.W.2d 320, 322 (Mo. 1976); Parking Sys. Inc., 518 S.W.2d at 13; Levin v. Bridgewater, 274 A.2d 1, 21 (N.J. 1971). (142.) See Oberndorf, 900 F.2d at 14......
  • Interpreting eminent domain in Missouri: elimination of blight is Allright.
    • United States
    • Missouri Law Review Vol. 74 Nbr. 1, January 2009
    • January 1, 2009
    ...Allright, 240 S.W.3d at 781. (117.) See Blank, supra note 109. (118.) See, e.g., Allright Mo., Inc. v. Civic Plaza Redevelopment Corp., 538 S.W.2d 320, 323 (Mo. 1976) (en banc). (119.) Whitman, supra note 72, at 734. (120.) MO. REV. STAT. [section] 523.271.1 (Supp. 2008). Missouri law provi......