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State ex rel. Stoyanoff v. Berkeley

Supreme Court of Missouri

458 S.W.2d 305 (1970)

Relevant factsFree

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.

IssueFree

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.

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