City Center Redevelopment v. Foxland, Inc.
| Citation | 180 S.W.3d 13 |
| Decision Date | 15 November 2005 |
| Docket Number | No. ED 85709.,ED 85709. |
| Parties | CITY CENTER REDEVELOPMENT CORPORATION, Appellant, v. FOXLAND, INC., and Ronald A. Leggett, Respondents. |
| Court | United States State Supreme Court of Missouri |
Alan D. Pratzel, St. Louis, MO, for appellant.
Michael W. O'Reilly, St. Louis, MO, for respondent.
City Center Redevelopment Corporation (hereinafter, "CCRC") filed a petition in condemnation seeking to acquire a parcel of property owned by Foxland, Inc. (hereinafter, "Foxland"). Foxland filed a motion to dismiss, or in the alternative, a motion for summary judgment. The trial court granted Foxland's motion. CCRC appeals from the trial court's judgment. We affirm.
In 1974, the City of Saint Louis adopted an ordinance finding the Grand Center District was blighted pursuant to Chapter 353, Urban Redevelopment Corporations Law. CCRC submitted a development plan to redevelop a portion of this blighted area in 1981. In March 1981, the Board of Aldermen of the City of Saint Louis adopted Ordinance 58270 (hereinafter, "the 1981 Ordinance"), approving CCRC's development plan. Further, in May 1981, the City of Saint Louis entered into an agreement with CCRC, granting CCRC certain rights within the development area, including the power of eminent domain over property which could not be acquired through good faith negotiations. This power of eminent domain expires in 2006.
Within the blighted area encompassed by CCRC's development plan is the Fox Theater. The Fox Theater is sited on two parcels of property. One parcel of the property is owned by Foxland which includes the Fox Theater's lobby and seating; the other parcel is owned by Fox Associates, L.L.C. (hereinafter, "Associates") which includes the stage and the backstage of the Fox Theater. The Fox Theater was rehabilitated and renovated in 1981. It reopened in 1982 as a major entertainment venue. Associates currently has a 99 year lease on the parcel of land owned by Foxland which will expire in January 2025.
CCRC submitted an amended and restated development plan dated December 2, 1983. This plan acknowledged the Fox Theater development was completed.
In 1984, the City of Saint Louis adopted Ordinance 59045 (hereinafter, "the 1984 Ordinance"), amending provisions of the 1981 Ordinance. The 1984 Ordinance enacted and modified the 1981 Ordinance "to enable [CCRC] to better proceed with the redevelopment program that has already begun...."
Grand Center, Inc., a wholly owned subsidiary of CCRC, and Associates entered into a land swap agreement in 1998. Part of this agreement states, "Upon the request of Associates, [Grand Center, Inc.] will cooperate with and assist Associates in acquiring fee title to the land under the Fox Theatre that is currently under ground lease and not owned by Associates, including, without limitation, the institution of condemnation proceedings by CCRC and/or the consent or approval, as necessary, of CCRC to condemnation by another entity (public or private) on Associates' behalf...."
Associates requested CCRC to acquire Foxland's interest for it prior to the expiration of CCRC's power of eminent domain in 2006. On August 20, 2003, CCRC's board of directors adopted a resolution, declaring the acquisition of the property underlying the Fox Theater was necessary to carry out its development plan. It also resolved that the property should be acquired by eminent domain if CCRC was unable to acquire it otherwise. However, the president of CCRC,1 (hereinafter, "the president") stated in his deposition testimony CCRC was "not seeking to acquire [Foxland's fee simple interest] for construction or any kind of development."
CCRC offered Foxland $350,000 for its fee interest; Foxland rejected this offer. On January 23, 2004, CCRC filed a petition in condemnation to acquire the property underlying the Fox Theater that is owned by Foxland. CCRC claimed the continued successful development and operation of the Grand Center District depended upon the merger of the property interests underlying the Fox Theater.
Foxland filed a motion to dismiss, or in the alternative, a motion for summary judgment. After considering the materials submitted and oral argument, the trial court granted Foxland's motion to dismiss. This appeal follows.
CCRC raises one point on appeal. CCRC claims the trial court erred in dismissing its petition in condemnation with prejudice because the dismissal constituted an abuse of discretion. CCRC asserts that while the relevant notice provision of the 1984 Ordinance was not met, it was curable. CCRC believes the trial court's dismissal with prejudice deprived it of its authority to combine parcels into a single development.
This appeal is from the judgment of the trial court on a motion to dismiss or, in the alternative, a motion for summary judgment. Both parties stipulated that matters outside the pleadings were presented to the trial court for its consideration. Since "matters outside the pleadings are presented to [the trial court] and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 74.04...." Rule 55.27(b).
In review of summary judgment, we review the record in the light most favorable to the party against whom the judgment was entered. ITT Commercial Finance v. Mid-America Marine, 854 S.W.2d 371, 376 (Mo. banc 1993). We accord the party against whom summary judgment was entered the benefit of every doubt. Green v. Washington University Medical Center, 761 S.W.2d 688, 689 (Mo.App. E.D.1988). Summary judgment is intended to move the parties beyond the petition's allegations and determine if a material fact for trial exists. Martin v. City of Washington, 848 S.W.2d 487, 491 (Mo. banc 1993). Appellate review of the grant of summary judgment is purely a question of law and, hence, employs the same criteria as imposed by the trial court in its initial determination of the propriety of the motion. ITT Commercial Finance, 854 S.W.2d at 376.
Summary judgment will be granted as a matter of law to the moving party when there is no genuine issue as to any material fact. Rule 74.04(c)(3). The moving party bears the burden of establishing a right to judgment as a matter of law. Following the moving party's prima facie showing, summary judgment will be granted if the responding party fails to reply with specific facts showing a genuine issue of material fact exists for trial or with a demonstration that judgment as a matter of law is incorrect. Rule 74.04(e). A party may not avoid summary judgment by introducing inconsistent testimony in order to create a genuine issue of material fact. Kellog v. Kellog, 989 S.W.2d 681, 687 (Mo.App. E.D.1999).
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Miller's Classified v. French ex rel. French
...move the parties beyond the petition's allegations and determine if a material fact for trial exists. City Center Redevelopment Corp. v. Foxland, Inc., 180 S.W.3d 13, 15 (Mo.App. E.D.2005); Martin v. City of Washington, 848 S.W.2d 487, 491 (Mo. banc 1993). Appellate review of the grant of s......