$4.1 Million Dollar Judgement Against Owner of Condemned Parking Garage

In July 2014 the parking garage at Tucker & Locust closed for repairs. It seemed routine at the time.

It turns out the damage to the post-tensioned structure was more extensive than originally known. Since my original July 2014 tweet, I’ve posted quite a bit about it:

• December 2014: Parking Garage Undergoing Time-Consuming Multi-Million Dollar Restoration; Businesses Closed, Jobs Lost
• April 2015: Parking Garage Repairs Halted, Emergency Structural Condemnation Issued
• July 2015: Car Hit Planters & Scaffolding Outside Condemned Parking Garage
• July 2015: Readers: New Building Should Replace Condemned Parking Garage
• January 2016: Court Documents Shed Some Light On Condemned Parking Garage

Central Parking System, who operated the garage, sued the owners — two LLCs that begin with Tucker Parking.  Tucker Parking countersued.

On March 22nd Judge Dowd ruled:

JUDGMENT IN ACCORDANCE WITH THE FINDINGS OF FACT AND CONCLUSIONS OF LAW SET FORTH IN THE COURT’S ORDERS OF OCTOBER 13, 2015 AND JANUARY 21, 2016, WHICH THE COURT EXPRESSLY INCORPORATES HEREIN, THE COURT ENTERS JUDGMENT AS FOLLOWS:

1. BY AGREEMENT OF THE PARTIES, THE COURT DISMISSES PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI, LLC’S CLAIMS AGAINST DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC AND DECLARATORY JUDGMENT (COUNT I) AND BREACH OF LEASE (COUNT II) WITHOUT PREJUDICE.

So Central lost on their first two counts against Tucker. Let’s continue…

2. ON PLAINTIFF CENTRAL PARKING SYSTEM PARKING SYSTEM OF MISSOURI, LLC’S CLAIM AGAINST DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC FOR UNJUST ENRICHMENT (COUNT III), THE COURT ENTERS JUDGMENT IN FAVOR OF PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI, LLC AND AGAINST DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC IN THE AMOUNT OF FOUR MILLION ONE HUNDRED SIXTY-ONE THOUSAND FOUR HUNDRED TWENTY-FOUR DOLLARS AND SEVENTY-SIX CENTS ($4,161,424.76).

Ouch. What is “unjust enrichment” anyway? The Wax Legal Dictionary defines it as:

The retention of a benefit conferred by another, that is not intended as a gift and is not legally justifiable, without offering compensation, in circumstances where compensation is reasonably expected. 

The elements of a cause of action for unjust enrichment are:  the enrichment of the party accused of unjust enrichment; that such enrichment was at the expense of the party seeking restitution; and the circumstances were such that in equity and good conscience restitution should be made.  An additional requirement is that the party accused of unjust enrichment must know of the benefit conferred; to ensure that the benefit was not foisted on the recipient and is something for which compensation is reasonably expected.

Recovery on a theory of unjust enrichment typically occurs where there was no contract between the parties, or a contract turns out to be invalid.

The specifics of this principal aren’t clear to me from the ruling.

3. ON DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC’S COUNTERCLAIM AGAINST PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI, LLC FOR BREACH OF LEASE (COUNT I), THE COURT FINDS IN FAVOR OF PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI, LLC IN PART AND IN FAVOR OF DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC IN PART. SPECIFICALLY, TO THE EXTENT DEFENDANTS BASE THEIR BREACH OF LEASE CLAIM ON CENTRAL PARKING’S ALLEGED OBLIGATION TO REPAIR THE GARAGE’S POST-TENSIONING SYSTEM BEFORE THE END OF THE LEASE TERM, THE COURT FINDS IN FAVOR OF PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI LLC. TO THE EXTENT DEFENDANTS BASED THEIR BREACH OF LEASE CLAIM ON CENTRAL PARKING’S ALLEGED OBLIGATION TO REPAIR DETERIORATION OR DELAMINATION TO THE GARAGE’S CONCRETE SURFACE BEFORE THE END OF THE LEASE TERM, THE COURT FINDS IN FAVOR OF DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC. HOWEVER, THE COURT FINDS THAT TUCKER CANNOT PROVE ANY DAMAGES FOR THIS BREACH BECAUSE, AS SET FORTH IN THE COURT’S ORDER OF OCTOBER 13, 2015, THE GARAGE IS AT THE END OF ITS USEFUL LIFE, THE GARAGE’S POST-TENSIONING SYSTEM IS BEYOND REPAIR, AND THE FAILURE OF THE POST-TENSIONING SYSTEM WAS DUE TO NORMAL OR ORDINARY “WEAR AND TEAR.” AS A RESULT, THE COURT ENTERS JUDGMENT IN FAVOR OF PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI, LLC AND AGAINST DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC.

Above we can get the message — the garage can’t be repaired.

4. ON DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC’S COUNTERCLAIMS AGAINST PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI, LLC FOR WASTE (COUNT III), NEGLIGENCE (COUNT IV), AND DECLARATORY JUDGMENT (COUNT V), THE COURT ENTERS JUDGMENT IN FAVOR OF PLAINTIFF CENTRAL PARKING SYSTEM OF MISSOURI, LLC.

5. BY AGREEMENT OF THE PARTIES, THE COURT DISMISSES DEFNDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKING EQUITIES, LLC’S COUNTERCLAIM AGAINST CENTRAL PARKING CORPORATION FOR SUIT ON GUARANTY (COUNTII), WITHOUT PREJUDICE.

6. COSTS ARE ASSESSED AGAINST DEFENDANTS TUCKER PARKING HOLDINGS, LLC AND TUCKER PARKINGS EQUITIES, LLC PURSUANT TO RULE 77.01. SO ORDERED: 32929-JUDGE DAVID L. DOWD

So who owns this garage, who is behind these two Tucker Parking LLCs?

Both were created in Missouri on April 19, 2007, indicating a home state in Delaware. TUCKER PARKING EQUITIES LLC was formed in Delaware two days earlier. City records indicate tax bills are mailed to 24 Church Street, Montclair NJ.

The legal battle may continue for a while. Still, we can accept some facts:

• The existing garage is unusable, it’ll need to be razed eventually.
• The owner isn’t in St. Louis.
• The owner of the adjacent former Post-Dispatch building would like to have parking for tenant use.
• Many downtown residents, myself included, don’t want any surface parking or even more obvious parking garages.

I contacted 7th Ward Alderman Jack Coatar via email, who said:

It is my understanding that this garage has reached the end of its lifespan and that it would be extremely expensive to shore up this garage and make it safe to use. I would like to see the garage demolished and replaced with another parking structure that includes a first floor retail component.

I would like the development committee of the Downtown Neighborhood Association’s Planning and Zoning Committee to take an active role in the planning for any future use of this site.

If a new garage is built, I’d like it to be enclosed with an exhaust system rather than being open.

— Steve Patterson

Too Easy To Meander Inside Many Parking Garages

Lately the issue of safety in parking garages has been in the local news:

There are surveillance cameras at the parking garage on N. 7th street near Washington Ave., however the company that owns and operates the garage, SP Plus, told the victim in a voicemail, “The cameras are not operational”

Now, two years later, it’s the same story. According to an email sent to News 4 by the victim of the sexual assault that happened two weeks ago, SP Plus told her “There are no cameras at 701 N. 7th Street. We apologize for the inconvenience.” (KMOV)

I’m no fan of parking garages — except when I want to take pictures from them. They can often provide some of the best vantage points. Well. assuming I can access them.

From a photography perspective I like that I can easily access many downtown parking garages without being stopped, but that’s not good for the personal safety of those who park in them. Newer garages seem to do a better job of keeping out people who aren’t retrieving their vehicle.  Still, with any public garage a person can get access if they drive in.

— Steve Patterson

Soldiers’ Memorial Kicked Off Demolishing Our City’s Center

Last month, on the 28th, Soldiers’ Memorial closed for a 2-year renovation. Soldier’s Memorial is St. Louis’ tribute to those who died in World War 1.

The Soldiers Memorial Military Museum closed Sunday for a $30 million renovation, with promises of reopening in two years as a functional and inspirational “transformation.”

It is the first lengthy closure of the 80-year-old downtown landmark.

The Missouri Historical Society and local public officials held a flag lowering ceremony Sunday afternoon to mark the occasion. (Post-Dispatch)

The 80th anniversary of the cornerstone isn’t until this fall.  It opened to the public on Memorial Day. May 30, 1938.

The project began in the 1920s:

The City of St. Louis created a Memorial Plaza Commission in 1925 to oversee the creation of the Memorial Plaza and Soldiers Memorial. Designed as a memorial to the St. Louis citizens who gave their lives in World War I, the Memorial became Project No. 5098 of the Federal Emergency Administration of Public Works. The St. Louis architectural firm Mauran, Russell & Crowell designed the classical Memorial with an art deco flair and St. Louis-born sculptor Walker Hancock created four monumental sculpture groupings entitled Loyalty, Vision, Courage and Sacrifice to flank the entrances. President Franklin D. Roosevelt dedicated the site on October 14, 1936 and two years later Soldiers Memorial Military Museum opened to the public on Memorial Day, May 30, 1938.  (Missouri History Museum — Soldiers’ Memorial)

In 1925 St. Louis hadn’t begun razing the blocks between Market & Chestnut, 11th and 20th. The Civil Courts building began in 1928, Aloe Plaza in 1931. Demolition of the original city on the bank of the Mississippi River didn’t commence until 1939. A war memorial was what St. Louis’ planner, Harland Bartholomew, needed to justify taking & razing private property just West of the Central Business District.

The block with Soldiers’ Memorial is bounded by 13th, Chestnut, 14th, and Pine, it looked very different in 1909:

Granted, none of these buildings were notable, no special businesses were displaced. It was rather ordinary, in fact. But this one block contained nearly 50 structures, with entrances on all four streets — it helped generate urban activity. To many born in the late 19th century such blocks were viewed as chaos.

Taking out one active block does little to change the vibrancy of a city, but when it’s repeated over and over it has a hugely negative impact.  The 1940 census showed a drop in population — at least partially as a result of massive demolition in the 1930s. At the time they thought the population would continue growing — exceed a million by 1960.  They couldn’t see their actions contributing to massive population declines in the coming decades.

The Soldiers’ Memorial building is very formal — especially compared to the nearly 50 buildings that previously occupied the block. Let’s take a look.

Yes, St. Louis built a war memorial that many disabled veterans couldn’t visit! Not uncommon for the era — the disabled were routinely institutionalized then. Apparently the building had an outdoor mechanical lift that failed in 2004, leaving a disabled vet stranded. It was that event that prompted the effort to build ramps outside.

I love many of the interior details (floors, ceilings, rails, lights, elevator. etc) but they missed the big picture. The outdoor WWII memorial, the Court of Honor, in the block directly south also wasn’t accessible when it opened a decade later on Memorial Day 1948.

Since St. Louis has given up on the Gateway Mall Advisory Board I’m nervous above what’ll happen here.

— Steve Patterson

Contents Of Blue Bag: Purse, Lunch, or ?

You might recall a post from last August where I showed a driver had been repeatedly placing a blank parking ticket on his vehicle, and a parking enforcement officer placing a large blue bag in the rear seat. If not, see Parking Enforcement Officer Kept Putting A Blue Bag In A Vehicle Displaying A Fake Ticket.

Many were curious about the situation and contents of the bag. Even though I was threatened by the owner of the Ford Edge, the police refused to do anything — they turned it over to the Treasurer’s office who oversees parking. The Treasurer’s office refused to tell me anything beyond it was a personnel matter, the POE was suspended without pay for two weeks. Case closed.

What I didn’t know, until recently, was Post-Dispatch transportation reporter Leah Thorsen was pursuing the matter.     She filed a formal records request, which was declined citing personnel issues. An appeal to the Attorney General was also denied.

However, very recently she was told by the Treasurer’s chief of staff, Jared Boyd, it “was a gym bag with a purse inside.” Really? Who puts a purse inside a gym bag and drops it off routinely? After I met with the reporter I suggested she ask the owner of the Ford Edge — I still see it routinely — just parked in the YMCA lot rather than on the street. A week ago she asked him:

On Monday, the SUV was parked in the Downtown YMCA lot, where patrons must pay $1.50 to park during daytime hours.

As he left the gym, I asked him what was in the bag placed in his vehicle over the summer.

“It was a lunch bag,” he said before slamming the Edge’s door. (Post-Dispatch)

I think only two people know the contents: the PEO & the owner of the Ford Edge. I knew it was a gym bag — but they can hold a myriad of things. Months ago I saw a PEO pulled into the YMCA parking lot but I couldn’t tell if a bag was dropped off. Since then I’ve not witnessed anything suspicious.  The purse (wink) or lunch (wink) drop offs ceased.

Tishaura Jones is running for reelection as Treasurer, the primary is August 2nd. Filing closes March 29th.

— Steve Patterson

Downtown Trolley Route Expands To Compton Starting March 14th

Tuesday’s post (Metro Makes Long-Needed Changes at 18th & Clark, Still Violates ADA) listed the many MetroBus route changes effective March 14th, one of which was the #99 Downtown Trolley. As mentioned in a July 2014 post, the Trolley will reach Union Station — and well-beyiond, as it turns out.

First, some history…

The route — until March 14th — had a loop at each end: City Museum and Civic Center MetroBus Center. Mostly in Downtown, a little in Downtown West (West of Tucker).

As you can see, it’ll now turn around at 18th & Clark, with some turn arounds still at Civic Center. The main difference is going much farther West on Market Street into Midtown. This will connect more businesses with the Central Business District (CBD). It’ll also show how bad this area is for pedestrians trying to use public transit — see Harris-Stowe State University Campus Disconnected From Adjacent City.

I personally would like to see the trolley not do the 14th/Delmar/16th loop around City Museum — but continue on Washington Ave to 18th or 20th — to reach Market. This would better serve Downtown West, a stronger connection with the CBD.  Rather than them turning around on each end half would go clockwise, half counter-clockwise.

Looking forward to riding the new route, checking out the new stops.

— Steve Patterson

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