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CITY OF RICHMOND HEIGHTS v. RICHMOND HEIGHTS PRESBYTERIAN CHURCH

No. 70819.

764 S.W.2d 647 (1989)

CITY OF RICHMOND HEIGHTS, Respondent, v. RICHMOND HEIGHTS PRESBTERIAN CHURCH, Appellant.

Supreme Court of Missouri, En Banc.

February 14, 1989.

Attorney(s) appearing for the Case

David G. Dempsey, Richard H. Ulrich, St. Louis, Lee G. Kline, Clayton, for appellant.

Kenneth Heinz, Steven W. Garrett, St. Louis, for respondent.

William T. Smith, III, Kansas City, Lee Boothby, Julie B. Kaplan, Berrien Springs, Mich., amicus curiae, Americans United for Separation of Church and State.

Bernard C. Huger, Anne D. Crane, St. Louis, amicus curiae, Roman Catholic Archdiocese.

Leonard J. Frankel, Edward M. Roth, Irl B. Baris, St. Louis, amicus curiae, American Jewish Congress.

BILLINGS, Chief Justice.

The Circuit Court of St. Louis County enjoined the Richmond Heights Presbyterian Church from operating a day care center for children located on the church's property. The Missouri Court of Appeals, Eastern District, reversed on First Amendment grounds and this Court granted transfer. The Court concludes that under the facts of this case the day care center meets the requirements of an "accessory use" as defined and permitted in the City of...

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