Three small businesses along Brentwood's Manchester Road corridor are taking their fight over a blight designation to a Missouri appeals court, arguing that their well-maintained properties never should have been branded blighted in the first place. Convergence Dance and Body Center, Feather-Craft Fly Fishing, and Time for Dinner are seeking to overturn a ruling that could clear the way for the city to seize their properties through eminent domain.
The dispute traces back to Brentwood's Manchester Road redevelopment plan, which city officials approved. City officials designated the corridor as blighted, a decision that could leave businesses facing potential eminent domain, as reported by FOX 2. Business owners sued over the plan, and a St. Louis County circuit court judge ruled in favor of the city in September, prompting the current appeal.
A Legal Fight Over the Blight Designation
The lawsuit was originally filed in St. Louis County Circuit Court in December 2023 by the public-interest law firm Institute for Justice on behalf of four businesses, per Reason Magazine. St. Louis County Circuit Judge Kristine Allen Kerr ruled that whether the Manchester Road corridor met the definition of blight was “fairly debatable,” deferring to the city's legislative judgment rather than second-guessing it. That standard places the burden on property owners to show that the reasonableness of the city's action was not even fairly debatable, the outlet's report notes.
The appeal hinges on that very question of judicial deference. The dispute concerns whether the Manchester Road corridor qualifies as blighted and how much deference courts should give the city's determination.
Flood Fix Undercuts Original Blight Rationale, Owners Say
City officials originally based their blight determination on a 2018 urban planning study that cited the corridor's location in the city's floodplain and other blighting factors. Brentwood has since completed an $80 million flood-mitigation project along Manchester Road, according to the same Reason Magazine report. The court found that the project reduced the likelihood of flooding but did not fully resolve flooding problems or future risks.
Meet the Businesses Fighting the Designation
Convergence Dance and Body Center is among the businesses challenging the designation. Time for Dinner, a family-oriented meal-preparation business in Brentwood owned by Amy Stanford, has operated for more than two decades.
Feather-Craft Fly Fishing is one of the businesses challenging the designation. All three owners say their buildings are well maintained and worry that the blight label could ultimately open the door to eminent domain over their properties, per FOX 2's report.
What Happens Next in Court
The case was listed third on the appeals court docket, with proceedings scheduled to begin at 9:30 a.m. on Tuesday, September 22, according to FOX 2. Business owners and their attorneys were expected to speak after the hearing concluded.
The appeal centers on whether Missouri courts should defer to municipal blight findings under the “fairly debatable” standard or scrutinize more closely whether statutory blight criteria are met.
