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DRINK INC., LLC v. CITY OF ST. CHARLES

No. ED 92343.

292 S.W.3d 589 (2009)

DRINK INC., LLC d/b/a Main Street Bistro, Appellant, v. CITY OF ST. CHARLES, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

September 15, 2009.

Attorney(s) appearing for the Case

Larry A. Bagsby, St. Charles, MO, for Appellant.

Debbie S. Champion, Victor H. Essen II, St. Louis, MO, for Respondent.

Before KURT S. ODENWALD, P.J., GEORGE W. DRAPER III, J., and ROY L. RICHTER, J.

PER CURIAM.

Drink Ink, LLC d/b/a Main Street Bistro (hereinafter, "Appellant") appeals from the trial court's judgment dismissing its first amended petition against the City of St. Charles (hereinafter, "the City") for failing to state a claim for relief. Appellant raises one point on appeal, arguing the ordinance at issue was unconstitutional and invalid, causing Appellant to forfeit its commercial lease without just compensation.

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