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Neighborhood Enterprises, Inc.; Sanctuary In the Ordinary; Jim Roos v. City of St. Louis; St. Louis Board of Adjustment

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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.

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