State ex rel. Stoyanoff v. Berkeley
Supreme Court of Missouri
458 S.W.2d 305 (1970)
Stoyanoff (plaintiff) proposed building a strikingly modern-design home fully compliant with the City of Ladue's zoning regulations, but the city's architectural review board — following established public-hearing procedures — denied the building permit based on the design's incongruity with the neighborhood's traditional character; a developer testified the modern home would substantially depress surrounding property values in an area with homes valued between $60,000 and $85,000. The trial court granted Stoyanoff summary judgment and ordered the permit issued, finding the aesthetic-review ordinance an arbitrary and unconstitutionally vague exercise of police power; Berkeley (defendant), the building commissioner, appealed.
Whether a city government may deny a building permit to a landowner on the basis that the proposed home does not aesthetically conform to the other homes in the area.