- Real Estate
- Development & Construction
- Land Use
- Business Litigation
- Consumer Fraud Litigation
- Levee & Flood Protection
|Contact Info||Telephone: 314.480.1833|
|University ||University of Missouri - Columbia, B.S.B.A., Finance, summa cum laude, 1986|
|Law School||Saint Louis University School of Law, J.D., cum laude, 1988 Order of the Woolsack, Saint Louis University Law Journal, Editor-in-Chief|
|Admitted||1989 Illinois; 1993, U.S. District Court, Eastern District of Missouri; 1988, Missouri; 1995, U.S. Court of Appeals, Eighth Circuit; 1999, U.S. District Court, Southern District of Illinois; 2003, U.S. Court of Appeals, Seventh Circuit; 2013, U.S. District Court, Western District of Tennessee; 2004, U.S. Court of Appeals, Sixth Circuit; 2005, U.S. Court of Appeals, Federal Circuit; 2005, U.S. Court of Appeals, Tenth Circuit; 2009 U.S. District Court; 2012, U.S. District Court, Western District of Missouri; 2013, U.S. District Court, Eastern District of Michigan; 2004, U.S. Court of Appeals, Second Circuit|
Professional Associations and Memberships
The Bar Association of Metropolitan St. Louis, Appellate Practice Group Committee
•The Missouri Bar, Eminent Domain and Municipal Law and Practice committees
JoAnn is a zealous advocate and effective litigator within the firm's Real Estate, Development & Construction group. She forcefully defends public and private entities in a variety of real estate, zoning and municipal disputes. She has coordinated the planning and acquisition of property for redevelopment projects, including numerous tax increment financing (TIF) projects. In addition, she has extensive experience in the area of eminent domain, representing municipal entities and property owners regionally and nationally.
JoAnn's industry experience includes:
•Represented the owner of a large manufacturing facility in securing a 50 percent reduction in property assessment, entitling the client to a significant refund.
Defended a developer of retail centers across the Midwest in a dispute with a national real estate trust over $14 million in personal guarantees. A summary judgment order cut the client's liability in half.
Advised a national developer of retail shopping centers seeking to acquire property in a development area by eminent domain. Missouri Supreme Court authorized the condemnation to proceed.
Counseled in a client's efforts to demolish a building for a mixed-use development project. Tenant threatened various claims and demanded more than $1 million for the termination of lease. Obtained a declaratory judgment upholding the termination of the lease and a ruling for tenant's back rent.
JoAnn has briefed and argued precedent-setting cases involving commercial and constitutional issues and has briefed or argued more than 70 appeals in the U.S. Court of Appeals for the Eighth Circuit, the Missouri Supreme Court, the Missouri Courts of Appeal and the appellate courts of numerous other jurisdictions. She is experienced in the preparation of transfer applications, writ petitions and other pleadings in the appellate courts, and she pursues creative options for effective appeals.
JoAnn has also represented corporate and financial institutions in complex contract and business disputes. She has litigated issues relating to security and loan agreements, lender liability, and breach of fiduciary duties.
She is a member of the firm's Partner Board.
Awards and Recognitions
Best Overall Article, Real Property, ABA Section of Real Property, Trust and Estate Law's Probate & Property Magazine, 2013
Represented the owner of a large manufacturing facility in southern Illinois litigating against the taxing district seeking a reduction in its real estate taxes. After a seven-day evidentiary hearing, the Illinois Property Tax Appeal Board entered a judgment reducing the assessment on the property by approximately 50 percent, entitling the client to a significant refund. The client was paid more than $1.5 million by the taxing district and recouped additional refunds via a significantly reduced tax payment for the succeeding nine years.
•Defended a developer of retail centers across the Midwest in a dispute with a national real estate trust that made a loan to the client's joint venture for development work. Due to various disputes that arose among the involved parties, the trust sought to recover from the client under a $14 million personal guarantee. Various claims were filed on behalf of the client and were followed by arbitration, state court litigation and federal court litigation. A summary judgment order cut the client's liability in half, and client received a favorable settlement.
•Represented a national developer of retail shopping centers seeking to acquire property in a development area by eminent domain. Prepared briefs for the Missouri Supreme Court, which reversed and authorized the condemnation to proceed.
•Defended a client's efforts to demolish a building for a mixed-use development project, which was stymied by a tenant who threatened various claims and demanded more than $1 million for the termination of his lease. Obtained a declaratory judgment upholding the termination of the lease and a ruling for tenant's back rent.
•Defended a challenge regarding the transfer of a large tract of land in a resort community to client, a developer. Plaintiffs argued that the transfer was prohibited by restrictive covenants in the subdivision indenture, but following a bench trial, the court held that the transfer was proper. Judgment was upheld on appeal.
•Represented a mortgage registry company in several cases nationwide, defending the company's business model that has come under attack. Won several significant decisions for client, including two leading federal cases.
•Defended Olin Corp., a major manufacturer, in a retaliatory discharge case before the U.S. Court of Appeals, Seventh Circuit. The court ruled in favor of client and dismissed the charges.
•Represented a chemical distributor before the court of appeals on claims of product liability and negligence. The court reversed the grant of summary judgment to the supplier, and applying the component parts doctrine, determined that material issues of fact precluded summary judgment.
7.01.13 MERS Remains Afloat in a Sea of Foreclosures, Probate and Property Magazine Real Estate, Development & Construction Article
10.24.12 MERS - Its Standing & Future
2.10.10 Changes in Whistleblower Tort Claims in Missouri
7.01.09 Crafting Persuasive Briefs for Missouri Appellate Courts, St. Louis Bar Journal
1.01.09 Valuation, Chapter 9, Missouri CLE deskbook on Condemnation Practice
4.01.07 The Use of Eminent Domain for Economic Development: Where Does Missouri Stand?, St. Louis Bar Journal
3.01.07 The Jurisdictional Prerequisites to Eminent Domain in Missouri, CLE International
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