X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: February 16, 2011

Before SMITH, GRUENDER, and BENTON, Circuit Judges.

Neighborhood Enterprises, Inc. (“Neighborhood”), Sanctuary In The Ordinary (SITO), and Jim Roos (collectively, “Sanctuary”) filed suit against, inter alia, the City of St. Louis (“City”) and St. Louis Board of Adjustment (“Board”) challenging the Board’s denial of a sign permit. Sanctuary further challenged the constitutionality of provisions of Chapter 26.68 of the Revised Code of the City of St. Louis (“zoning code”) upon which the permit denial was based. Sanctuary asserted federal and state constitutional claims pursuant to 42 U.S.C. § 1983 and the Missouri Declaratory Judgments Act, Missouri Revised Statute § 527.010. It also sought a writ of certiorari pursuant to Missouri Revised Statute § 89.110, which provides for judicial review of “illegal” Board decisions. The district court granted summary judgment to the City and the Board, finding, inter alia, that the zoning code’s restrictions on signs withstood constitutional scrutiny with respect to the Board’s denial of Sanctuary’s sign permit. Because we conclude that the challenged provisions of Chapter 26.68 of the zoning code are impermissibly content based and fail strict scrutiny, we now reverse and remand for further proceedings consistent with this opinion.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Multifamily Spring 2023

March 27, 2023 - March 28, 2023
Miami, FL

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More

The Asia Legal Awards (ASLA) 2023

March 30, 2023
Singapore

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.


Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More

LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL


0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Great opportunity for advancement. Salary will be commen...


Apply Now ›

Litigation Associate (Hybrid Schedule)


Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. The candi...


Apply Now ›

ATTORNEY ASSOCIATE - DIVORCE/FAMILY LAW- NEW YORK


Busy and growing general practice seeks NY admitted associate, with 3+ years experience in divorce/family law. The ideal candidate will be a...


Apply Now ›

AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP

03/27/2023
NYLJ Web

Aaronson Rappaport Feinstein & Deutsch, LLP mourns the loss of cofounder and original Managing Partner, Mark B. Feinstein.


View Announcement ›

LAWYERS OF DISTINCTION

03/24/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

03/13/2023
NJLJ Web

Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...


View Announcement ›