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STATE EX REL. v. BOARD OF ADJUSTMENT

No. SC 83503.

64 S.W.3d 310 (2002)

STATE of Missouri ex rel. SUNSHINE ENTERPRISES OF MISSOURI, INC., d/b/a Sunshine Title and Check Advance, Appellant, v. BOARD OF ADJUSTMENT OF the CITY OF ST. ANN and City of St. Ann, Respondents.

Supreme Court of Missouri, En Banc.

January 8, 2002.

Attorney(s) appearing for the Case

Jerry J. Murphy, Laura G. Bub, St. Louis, for Appellant.

Shulamith Simon, St. Louis, for Respondents.

Kevin M. O'Keefe, Paul E. Martin, Clayton, Amicus Curiae for MO Municipalities of Bellefontaine Neighbors, Cool Valley, Hazelwood and Normandy.

John M. Hessel, Keith J. Grady, Maureen C. Beekley, St. Louis, Amicus Curiae for City of Hazelwood.

DUANE BENTON, Judge.

Sunshine Enterprises of Missouri, Inc. wants to operate a loan business in the city of St. Ann. The city and its Board of Adjustment denied Sunshine a merchant's license, citing the city's zoning code. The circuit court affirmed. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const. art. V, sec. 10. Reversed and remanded.

I.

The state licensed Sunshine to operate as an unsecured, under-$500 lender...

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