Missouri: Supreme Court citation practice


Examples from State ex rel. Sunshine Enters. of Mo., Inc. v. Bd. of Adjustment, 64 S.W.3d 310 (Mo. 2002)

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The city denied Sunshine a merchant's license, based on the zoning district of the address. See sec. 94.270 RSMo 2000. Sunshine appealed to the Board, for approval or a variance. After the appeal was filed, but before the hearing, the city passed Ordinance 2074, amending the "definitions" in the zoning code.

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Under-$ 500 lending has the same or similar characteristics as personal services and financial institutions. Sections 400.370.B, D, H. Short-term consumer loans are similar to a personal service, as indicated by the exclusion of pawn shops and check cashing establishments. Section 400.370.B. Under-$ 500 lenders - like banks, savings and loan associations, and credit unions - offer unsecured loans to consumers. See secs. 362.105, 369.144(15), 369.229, 369.695.1, 370.070(2), 370.300, 370.310 RSMo 2000; 4 CSR 140-20.046 (2001). Thus, under-$ 500 lending is a permitted use. Sections 400.370.B, D, H.

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The city claims that, even if permitted by section 400.370, Sunshine is excluded by Ordinance 2074. The city views Ordinance 2074 as a land use "zoning" regulation. See secs. 89.010-040 RSMo 2000. Zoning ordinances are presumptively within the police power. Flora Realty and Inv. Co. v. City of Ladue, 362 Mo. 1025, 246 S.W.2d 771, 778 (Mo. banc 1952); State ex rel. Helujon, Ltd. v. Jefferson County, 964 S.W.2d 531, 536 (Mo. App. 1998). This Court has long held that ordinances that are regulatory, but not prohibitory, do not conflict with state law. Teefey, 24 S.W.3d at 685-86; Page Western, Inc. v. Community Fire Prot. Dist., 636 S.W.2d 65, 67 (Mo. banc 1982); State ex rel. Hewlett v. Womach, 355 Mo. 486, 196 S.W.2d 809, 814 (Mo. banc 1946).

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