(Download) "State Missouri v. Squire Logan" by Missouri Court of Appeals Western District # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Squire Logan
- Author : Missouri Court of Appeals Western District
- Release Date : January 16, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This case now makes its second appearance before this Court. In a prior appeal, we held that an ordinance of the City of Lake St. Louis ("City") was invalid to the extent that it regulated the size, lighting, and spacing of off-premises advertising signs because the regulations conflicted with customary use as defined in section 226.540. Outcom, Inc. v. City of Lake St. Louis, 960 S.W.2d 1, 4-5 (Mo.App. E.D.1996). We declined to rule on the validity of regulations contained in the ordinance pertaining to setbacks for signs because the parties failed to brief the issue of whether these regulations complied with section 226.540.7 and because the trial court failed to apply the three-part test necessary to validate these regulations. Instead, we remanded the cause "to give the parties the opportunity to present evidence and for the court to determine the validity of the other provisions under the three part test of section 226.540.7." Id. After the case was remanded, the City repealed the ordinance at issue; however, both parties continued to litigate the matter and filed motions for summary judgment, and the trial court granted summary judgment in favor of the City based on an ordinance adopted subsequent to remand. Outcom, Inc. ("Outcom") appeals that judgment. Vacated and remanded for dismissal.
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