August 29, 2008

Under the Color of State Authority

Today, the Eighth Circuit held that St. Louis’ Land Clearance Redevelopment Authority must face the music for attempting to shut down Jim Roos’ very public protest of eminent domain abuse. As you may recall from an earlier post, LCRA officials first told Roos that he had to get their approval before he put up his anti–eminent domain sign, then tried to argue that Roos couldn’t sue them because the agency never really possessed the authority it had claimed when it tried to squelch Roos’ right to political expression. Fortunately, good sense prevailed and the judges have sent this matter back to the trial court to determine whether Roos’ protest is, in fact, entitled to constitutional protection.

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