Motion for Rehearing in Tourkakis

April 02, 2008 | By PACIFIC LEGAL FOUNDATION

by Timothy Sandefur

The Pacific Legal Foundation filed a motion for rehearing in the Missouri Supreme Court yesterday, asking the Court to reconsider part of its decision in City of Arnold v. Tourkakis. The petition asks the Court to clarify what procedural mechanism should be employed when the case proceeds in the trial court. Since the TIF Act (the law under which the city claims its eminent domain authority) does not specify any procedure to be followed, we've asked the Court which of the many sets of rules for eminent domain cases ought to apply. You can read the petition here.