Brian Weinstock Quoted in St Louis Business Journal on Recent Historic Tax Credits Judgment

A St. Louis Business Journal article features Danna McKitrick attorney, Brian Weinstock, in its coverage of a dispute over state historic tax credits–the outcome of which sets precedent for the assignment of the credits.

“In Missouri, there are no cases that discuss the specific performance of assigning historic tax credits to a party,” Weinstock said. The St. Louis County judgment found that J & J Builders could pursue assignment of the tax credits through the Missouri Department of Economic Development.

Read news story… St. Louis Business Journal

Danna McKitrick Attorney, Brian Weinstock, Earns Judgment Involving Historic Tax Credits

BREACH OF CONSTRUCTION AND FINANCING CONTRACT

St. Louis, MO – In a case involving an award that includes future State of Missouri Historical Tax Credits for the rehabilitation of two structures on the south side of St. Louis, a judge awarded $1.1 million for breach of a construction and financing contract.

The judgment follows a complex effort to finance the rehabilitation of two structures located at the intersection of Virginia and Cherokee Streets. Defendants’ counsel at one point also included defendant Richard Coffin who, according to his LinkedIn profile, was a Federal Prosecutor with the U.S. Department of Justice.

The case involved J and J Home Builders, Inc. d/b/a HomeSource v. Cherokee Villas, L.L.C. and was tried before Judge Robert Cohen. The plaintiff was represented by Brian Weinstock of Danna McKitrick, P.C.

J and J Home Builders, Inc. d/b/a HomeSource entered into a construction and financing agreement with Cherokee Villas, LLC with personal guarantees executed by Richard Coffin, Thomas Beck, Leigh Ann Verhelle and Rokas Varanavicius because capital was needed to complete the renovation to the parcels. J and J Home Builders, Inc. d/b/a HomeSource was to provide financing for the parcels and pay off pre-existing debt with Frontenac Bank. In addition to finding for the plaintiff for repayment of the principal and interest of the loan, the judgment included any future Missouri Historical Tax Credits for which the project may qualify as a key part of the original agreement. Plaintiffs estimate that the tax credits could range from zero to $150,000.

“We think that this is a fair judgment and breaks new ground in the area of tax credits being part of a case before they are awarded when predicated as part of the loan,” said Brian Weinstock an attorney with Danna McKitrick who represented J and J Home Builders, Inc. d/b/a HomeSource.

Plaintiff attempted to obtain Missouri historical tax credits, however some of the required paperwork was missing. Additionally, the defendants in the case delayed and refused to provide a release and assignment of the Missouri historical tax credit file held by the Missouri Department of Economic Development.

About Danna McKitrick, P.C.:Located in Clayton, Mo., Danna McKitrick, P.C. represents businesses (emerging to national), insurers, government-related entities, and individuals throughout the Bi-state St. Louis area and adjoining states. To supplement its local resources, the firm is a member of MSI Global Alliance – an international association of more than 250 member firms in 100 countries. The firm can be viewed on the Web at www.dannamckitrick.com.

Tom DeWoskin Comments on Effect of Economy on Small Business

Unfortunately, one of Tom DeWoskin’s clients needs to file for Chapter 11 reorganization.  He was interviewed by The St. Louis Business Journal.

Read more… St. Louis Business Journal
Published: July 31, 2009

Pension Reduction Not Among Ideas

Moving new police and firefighters to a state retirement system, restructuring the pension board and increasing revenue — possibly through another, smaller sales tax — all are likely topics of discussion when the police-fire citizen task force reconvenes on Wednesday…The police and firefighter associations and their attorney, Dan Tobben, argue that promised benefits — including those yet to be earned — are a contractual obligation the city must pay.

Read more… Springfield News-Leader
Published: June 19, 2009

Brentwood-based KV Directors, Officers Will Repay $3 Million

Jeff Schmitt and James Heffner among plaintiffs’ attorneys representing KV Pharmaceutical.

Print version only – Missouri Lawyers Weekly
Published: September 8, 2008

Paternity Sometimes Muddies Wrongful Death Suits

So, not only did Gilyard have to go through the painful process of suing the driver who was responsible for his daughter’s death, he also had to establish paternity. Gilyard’s attorney Dan Tobben said it was a two-part battle. He first had to deal with the paternity issue before he could begin dealing with the wrongful death suit.

Read more… Missouri Lawyers Weekly
Published: August 11, 2008

Determined Father Reaches Settlement in Wrongful Death Claim

After a paternity battle in court, the determined father of a woman killed in a traffic accident reached a $534,099 settlement with the driver’s insurance company… “It was a two-part battle for us,” said Daniel Tobben, Abbie Gilyard’s attorney. “We had won on paternity but then had to go through discovery and really address the wrongful death claim.”

Read more… Missouri Lawyers Weekly
Published: August 11, 2008

Marc Hermelin Forfeiting KV Options in Settlement

The shareholders are represented by Jeffrey Schmitt and James Heffner of Danna McKitrick PC in Clayton… In a telephone interview, Schmitt said his clients and the defendants agreed to the proposed settlement because it was in the best interests of KV shareholders.

Read more… St. Louis Business Journal
Published: June 6, 2008

Danna McKitrick Succeeds in Precedent-Setting Decision on Disabled Parking Placards

STATE OF MISSOURI MUST STOP CHARGING PARKING ACCOMMODATION FEES

St. Louis, MO – Danna McKitrick attorney Fred Switzer, was lead counsel for plaintiffs in a successful class action suit against the State of Missouri. The suit (Charlotte Klingler, et al. v. Director of Revenue, State of Missouri) alleged the State of Missouri violated the Americans with Disabilities Act (ADA), by charging an annual fee for the use of permanent removable windshield placards that allow the disabled to park in reserved spaces.

The suit filed in 1996 was vigorously opposed by Missouri. In 1998, the United States District Court for the Western District of Missouri granted the plaintiffs’ request for declaratory and injunctive relief prohibiting Missouri from charging a fee for the placard. The State appealed.

A lengthy battle (over ten years) involved three appeals, one of which went to the United States Supreme Court. Final Judgment for the plaintiffs was entered on September 28, 2006, and Missouri is now permanently enjoined from charging a fee for the placard.

“The ADA is pretty clear there cannot be a charge for providing an accommodation to a disabled individual,” said Switzer. “No matter how small that charge may be.”

An experienced principal in Danna McKitrick’s litigation practice, the case joins Switzer’s long list of achievements resolving complex legal and business problems. Resolution doesn’t always mean court, thus Switzer often applies alternative methods of dispute resolution—he is qualified as a neutral in the Alternative Dispute Resolution Program in several Missouri courts and serves on the Missouri Supreme Court Rule 17 Mediation Panel. Switzer earned his LL.M. in Taxation and J.D. from Washington University School of Law and his B.A., cum laude, from University of Notre Dame.

About Danna McKitrick: Located in Clayton, Missouri, Danna McKitrick, P.C. is a 50 person firm delivering outstanding legal representation to businesses (emerging to national), insurers, and individuals in the Midwestern region. The firm has long-standing local roots serving local businesses as well as providing regional representation for major corporations. The firm is on the Web at www.dannamckitrick.com.

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Media Contacts:
Dan Tobben, Principal
314.726.1000

Michelle Golden, Marketing
314.416.1201

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