Support Historic Preservation in St. Louis?

Friends of the San Luis Inc are hosting a second fund raiser in order to support our legal battle seeking to protect democratic control over the built environment. We appealed Judge Dierker’s decision to the Missouri Court of Appeals. This effort cannot succeed without your support — and it’s quite easy to participate.

Support the policy which brought about St. Louis’ recent economic resurgence.  You can do this on December 11th 2009 by paying only 10 dollars for unlimited drinking and fun.  Located in Old North St. Louis Restoration Group’s new office, attendees will promote historic preservation and witness the impact of nearly 30 years of community development.

DJ Darren Snow will provide acoustic entertainment. We will also have raffles for classy T-Shirts and other assorted things.

If you can’t attend we are accepting donations.  Any amount will help ensure your citizen-rights.

Anti-Wrecking Ball Holiday Party on December 11 to Raise Funds for Preservation Legal Effort

December 1, 2009

For immediate release.

Contact: Douglas Duckworth 566-3465

On Friday, December 11, local preservationists will host another Anti-Wrecking Ball to raise funds for ongoing legal efforts. Darren Snow, host of KDHX’s “Rocket 88” program, is the DJ for the party. Alll who attend will be entered into a raffle for prizes from STL Style, St. Louis Cinemas and other local businesses.

When: Friday, December 11
Where: Old North St. Louis Community Gallery, 2700 N. 14^th Street

Cost: $10 (includes beer)

The Anti-Wrecking Ball will raise funds for the ongoing appeal of this year’s ruling by St. Louis Circuit Court Judge Robert Dierker that citizens have no standing under city preservation law.

When the Preservation Board approved — by a close 3-2 vote — demolition of the modern San Luis Apartments in June, the Friends of the San Luis filed an injunction in court. Under city preservation law, the citizens who make up Friends of the San Luis have a right to appeal – but only after a demolition permit has been issued! The Friends sued to stop demolition so we could appeal the Preservation Board ruling.

However, Judge Dierker ruled against the Friends, and not because he thought their argument was wrong, but because he thinks that citizens who are not owners of property threatened with demolition should have no right to protest or appeal. The San Luis Apartments were demolished this summer, but the ruling left a bigger issue that affects all citizens regardless of what they think about that one particular building.

Unchallenged, Dierker’s ruling could impede citizen efforts to save community landmarks across the city. The Friends of the San Luis filed an appeal to the Missouri Court of Appeals in September to stand up for future preservation efforts. The Friends of the San Luis believe that citizen rights should not be demolished along with the San Luis Apartments.

Consequently, the Friends of the San Luis and other preservationists have organized the Anti-Wrecking Ball to raise funds to cover attorney’s fees. After the Friends wins its appeal, the Anti-Wrecking Ball movement will continue to raise money for legal costs associated with citizen preservation action.

The (Anti) Wrecking Ball

Friends of the San Luis will host a benefit show on August the 27th at the fantastic Off Broadway.  10 dollar cover charge only folks for great bands including the acclaimed Read Headed Strangers, Leadville, Roughshop, as well as the alluring burlesque performers Elle Adorable and Greta Garter!  That’s a lot of entertainment! All proceeds will help maintain the citizen right to appeal demolitions.

Unable to attend the show but want to offer support?  We now accept donations through PayPal!

Why We Continue

On July 27, Circuit Court Judge Robert Dierker, Jr. dismissed the Friends of the San Luis’ petition for injunctive relief.  The petition sought to stop demolition of the San Luis Apartments so that the Friends could file an appeal of the Preservation Board’s approval of the demolition.  Dierker not only dismissed the case, but did so on the basis that the Friends had no legal standing to bring forth a preservation appeal under the city’s preservation laws.

So, the building is gone and the case dismissed.  Why are the Friends of the San Luis still fighting?

If left unchallenged, Judge Dierker’s ruling could set case precedent that citizens and advocacy groups lack the right to appeal decisions of the Preservation Board.  Since the Preservation Board and its enabling laws govern the entire city, all citizens are affected by the decisions of the Board and deserve the right to appeal on procedural grounds.

Why would the Friends of the San Luis care about the right to appeal?  Didn’t you want to save one building?

True, our organization was formed to advocate for a specific building.  Yet our ability to do so was undercut by Dierker’s decision.  The members of the Friends of the San Luis are active in other preservation matters in which the right to appeal is essential.  If people have to go to court to prove our right to participate on every matter, concerned citizens won’t be able to actually fight for our city’s historic buildings.  We must legally clarify that right to protect citizen preservation advocacy.

Okay.  What’s next?

We will file an appeal of Dierker’s ruling to the Missouri Court of Appeals on the basis of his narrow definition of who has appeal rights.  That appeal must be filed within 30 days of the ruling.  Then, the Missouri Court of Appeals will schedule its hearing.

What if you lose at the Missouri Court of Appeals?

We could appeal further to the Missouri Supreme Court.  However, if the St. Louis preservation ordinance’s right to appeal is not clear enough to withstand appellant judicial review, then there is a bigger problem than one judge’s point of view.  Then we will know that the ordinance itself needs more clear language protecting citizen right to appeal.

DeVille Rally Next Week

Friends of the San Luis will be holding rallies weekly outside the San Luis until the building falls.   Expect further events related to this fiasco forthcoming.

Next Tuesday August 4th 2009 at 5:30 show your objection and support for our Preservation Ordinances.

We will continue to protest the demolition of the building and violation of city law, the illegal parking lot, and any attempts to suburbanize the Central West End through the creation of a SLU-like defensible space campus.

DeVille Demo and Rally

Via Friends of the San Luis Secretary Paul Hohmann.

Further Coverage of San Luis Debacle

Michael R. Allen, Ecology of Absence. Certainly This Will Be an Impressive Monument

Prior to the 1961 building code, large buildings were restrained by requirements that the majority of wall surface area meet a defined thickness. Materials like concrete panels and glass had to be employed within larger wall systems, and could not be used to clad an entire building. Before 1961, construction of a glass high-rise in St. Louis was not permitted by code. The removal of the old restrictions allowed St. Louis to embrace the building technologies that allowed for fully modern architectural expression.

Mayor Raymond Tucker was an enthusiast for the DeVille project. In a St. Louis Post-Dispatch article from 1961 (“$4,500,000 Hotel to Be Built at Corner of Lindell, Taylor,” September 30, 1961), the mayor raved: “Certainly, this will be an impressive monument to the perseverance of those far-sighted citizens who worked on our code for more than five years.”

Douglas C. Duckworth, West End Word Letter to Editor.  Krewson Should Have Opposed San Luis Plan

The reality is that a better deal could have arisen from this situation without the need for further action. She should have brokered a meeting whereby a developer, and those for preservation, could have established an outcome suitable for all concerned parties.

Alderwoman Krewson would have seemed the master politician resolving a conflict between two superficially opposed parties. She would have received praise from residents and activists for preserving the building while also easing the archdiocese’s alleged parking and land control concerns.

Instead Alderwoman Krewson ignored the Central West End Association’s compelling testimony. With her argument for demolition, Krewson co-opted the language and concerns of many in an intellectually insulting attempt to appear caught in an untenable situation — far from reality.

The DeVille, viewed by the State Historic Preservation Office as eligible for the National Register of Historic Places, is considered qualifying and perhaps high merit under local ordinance. These buildings are not to be demolished.

The Platform Editorial Board, St. Louis Post Dispatch.  Citizens should have central role in preservation fights

The San Luis was not to everyone’s taste. Then, again, neither were the row houses and Second Empire masterpieces surrounding Lafayette Park when more than 60 years ago, their demolition was sought because they were deemed “obsolete.” Now they are among the most sought-after homes in St. Louis. The fight to save the San Luis was compelling, advanced by savvy citizens. They told the San Luis story imaginatively, explaining its architectural importance.

The National Trust for Historic Preservation weighed in the building’s behalf, and even the circuit court concluded that the structure was eligible for listing on the National Registry of Historical Places.

The battle, though apparently lost, now has a more urgent dimension. The court, in dismissing the case, took an unreasonably narrow view of who, under St. Louis’ historic preservation ordinance, has legal “standing” to challenge decisions to demolish historically significant structures. Being a city resident is not enough, the court ruled.

That decision is at odds with the ordinance’s express purpose to promote preservation citywide; it grants right of appeal to all who are “aggrieved.” The ruling should be broadened on appeal and clarified with further legislation.

Rally for Preservation, true “Good Neighbors” Tonight

At the June 22nd Preservation Board Meeting, Architect and designer of the upcoming parking lot, Dan Jay indicated that the DeVille needed to come down because the Archdiocese is a “good neighbor.”

Come tonight and witness the denouement of their stewardship.

DeVille and John Paul II

Rally Rescheduled for Tomorrow 5-8

Due to inclement weather, the rally for the San Luis and our Preservation Ordinances has been rescheduled for tomorrow.  We apologize for the late notice.

July 27th – Rally for the DeVille

Tomorrow, from 5-8 PM at 4483 Lindell Boulevard, we will continue to support Charles Colbert’s acclaimed San Luis Apartments — formerly the DeVille Motor Hotel.  Though on its deathbed, we will continue to advocate for this building and the integrity of our Preservation Ordinances — passed by our elected representatives  on the Board of Aldermen.  Participate tomorrow after work or stop by and look for the large sign.

Be wary and do not accidentially stumble onto the demolition site and fall into the pool.  Please also do not start any fires as the Fire Deparment cannot fit a firetruck on the site.  These are some of the newest reasons, espoused in Circut Court, why the building should come down.

Judge Dierker Rules Against San Luis

On June 22nd certain members of the Preservation Board questioned whether the DeVille Motor Hotel could be listed upon the National Register of Historic Places.  Proponents for preservation cited the State of Missouri’s Historic Preservation Office’s November 2008 staff comments, in response to an eligibility assessment performed by Landmarks Association, indicating the building would be eligible.  SPHO revised their findings, yet did not submit them to the Preservation Board.  Given SPHO’s revised assessment, even under their original November 2008 findings, the DeVille Motor Hotel must be considered Qualifying under the Preservation Board Enabling Ordinance.  If it were individually listed upon the National Register, as the Bel Air was in May of 2009, this building would be considered High Merit.  These buildings are not to be demolished:

“High Merit” means contributing as a major structure to an existing or potential City or national historic district; or, deserving of consideration for single site historic or Landmark Site designation.

Demolition of Sound High Merit Structures shall not be approved by the Office…Merit or Qualifying Structures shall not be approved except in unusual circumstances which shall be expressly noted.

Local ordinances were violated, while the Preservation Board appeals process does not halt demolition while the appeal actually occurs, therefore Friends of the San Luis took legal action in order to prevent demolition.  Unfortunately our judge denied this request.  He also ruled against the DeVille on July 24th. Notably, ultra-conservative Judge Robert H. Dierker has experience in these matters:

The Syndicate Trust-Century Building is a “deteriorating, dangerous hulk squatting in the heart of downtown St. Louis” and needs to come down almost immediately, [Circuit Judge Robert H. Dierker Jr.] ruled Thursday… [Dierker] gave the city and the building’s owner 30 days to submit a demolition plan.  “Dierker said the Syndicate Trust-Century is too far gone to save. It “is a derelict, full of rubbish and literally falling apart inside and out,” he wrote.

“The record is equally clear that there is no way on earth to rehabilitate the building to put it to an economically viable use,” the judge said. “There is not a scintilla of evidence that anyone . . . could obtain a fraction of the financing to rehabilitate the buildings….”(Post Dispatch, 9/14/2000).

The purpose of these local ordinances, which seek preservation of our irreplaceable architectural resources, are evident within the Preservation Board Enabling Ordinance:

The intent of this ordinance is to promote the prosperity and general welfare of the public, including particularly the educational and cultural welfare, through:

A. The protection, enhancement, perpetualion and use of buildings, improvements, parks, sites and natural phenomena as have or may reasonably be expected to have historic or cultural value and significance to the nation, the state or the City;

B. The stabilization and improvement of the value of property and the equity held by citizens in their property by the enhancement of the beauty, convenience and amenity of neighborhoods, parks, streets, public buildings and monuments, and by the enhancement of civic design;

C. The increase of economic resources available for the conservation and rehabilitation of neighborhoods and for the abatement of blight by the encouragement and use of public financial assistance and tax benefits available for the reuse of buildings, neighborhoods and public facilities with primary emphasis on making said resources available to City residents, property owners who by virtue of limited income might otherwise be unable to maintain their property, property owners whose property is not producing a reasonable income, and potential investors in property located in the City;

D. The increase of commerce and prosperity by the protection of the value, convenience, and amenity of property and to promote the tourist trade and civic pride and wider public knowledge and appreciation of the heritage and history of St. Louis.

As the demolition of the DeVille Motor Hotel progress, citizens must realize that the same mechanisms — State and Federal Historic Tax Credits — which led to the rehabilitation of the Chase Park Plaza, Coronado, the Continental Life Building, and the recently opened Bel Air, would have led to the revitalized DeVille Motor Hotel.  Developer Steve Anrod, known locally for Blue City Spaces and the Park East Tower, expressed strong desire in rehabilitation.   City residents must also recognize that this demolition violates not only the expressed intent of the Preservation Board Enabling Ordinance, but individual criteria that determine which buildings (as the intent states) have or may reasonably be expected to have historic or cultural value and significance to the nation, the state or the City.  Demolition approval renders these ordinances inane, thus subjecting future threatened buildings to the political vogue of the day.

Dierker’s ruling  — that citizens have no standing to appeal matters of the Preservation Board to Circuit Court — overrides the Enabling Ordinance’s intent.  Through Dierker, the Mayoral Appointed Preservation Board empowers itself,  making arbitrary decisions absent ordinance enumerated rubric, without redress available through the Preservation Board appeal process or the Courts.  If this ruling stands then citizens have absolutely no legal basis for demolition objection.  With such an abdication of the democratic process — through the denial of ordinances enacted by our elected Board of Aldermen –  citizen-stakeholder concern becomes inane at the detriment of neighborhoods citywide.  With empowered special interests, beholden elected officials, and suppressed citizens, our built environment will not survive.

The DeVille Motor Hotel — a building of expressly high reuse potential and architectural significance under the law — shouldn’t suffer such a wasteful fate.  If not for the malleable interpretation of City ordinance, and political enfeeblement of elected officials, martinis and tourists (simultaneously the parked cars of Rosati-Kain students) could be common at Lindell and Taylor.

Douglas Duckworth

Friends  of the San Luis

566-3465