Tourkakis v. City of Arnold

Date: August 11, 2011

Missouri Supreme Court

The City of Arnold seeks to condemn the business property of Dr. Homer Tourkakis, a local dentist and NFIB member, who has owned the commercial property for over twenty years.  Dr. Tourkakis argues that, being as Arnold is not chartered under the Missouri constitution, it does not have the power to take by eminent domain.  If the Supreme Court of Missouri were to uphold the Circuit Judge’s decision, it would simultaneously end every taking by an unchartered city and county, and also establish that Missouri does not accept the standard for public use that Kelo set out nationally.

Status:  DECIDED.  Amicus brief filed on 12/3/07.  Oral argument held 01/18/08.  Court reversed the decision in favor of the landowner and allowed the condemnation to proceed.

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