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City attorney tells applicant: burden of proof under ordinance rests with you
Summary
Webster Groves city attorney Neil Bruntrager told Webster University that the local ordinance lays out the criteria the commission must apply and reminded the applicant the burden of proof is on them to convince the commission demolition meets ordinance standards.
City attorney Neil Bruntrager told the Historic Preservation Commission and the applicant that local ordinance standards define the criteria for certificates of appropriateness and that the applicant bears the burden of proof to persuade the commission the criteria are met.
"It's very important that the applicant understand that the ordinance sets out those things that...you as a commission must consider," Bruntrager said, adding that "the burden of proof is on them." Bruntrager cautioned that supplying additional documentation may not guarantee commission approval but is essential for an informed decision.
Commissioners repeatedly asked the applicant to provide the specific materials laid out in the ordinance—professional adaptive-reuse studies, cost estimates and evidence addressing the criteria—so the commission could determine whether demolition would be appropriate under local law.
