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NEIGHBORHOOD ENTERPRISES v. CITY OF ST. LOUIS

No. 10-1937.

644 F.3d 728 (2011)

NEIGHBORHOOD ENTERPRISES, INC.; Sanctuary in the Ordinary; Jim Roos, Plaintiffs-Appellants, v. CITY OF ST. LOUIS; St. Louis Board of Adjustment, Defendants-Appellees, Shari Cunningham; George Hitt; Joe Klitzing; Irene Soll; John Caruso; Mary Hart Burton; St. Louis City Department of Public Safety, Division of Building and Inspection, Defendants. International Municipal Lawyers Association; Scenic America, Inc.; Scenic Missouri, Inc., Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 13, 2011.

Attorney(s) appearing for the Case

Michael E. Bindas , argued, William R. Maurer , on the brief, Seattle, WA, for appellants.

Matthew M. Moak , argued, Robert M. Hibbs , on the brief, St. Louis, MO, for appellees.

William D. Brinton , Jacksonville, FL, appeared on the amicus brief in support of appellees.

Before SMITH, GRUENDER, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Neighborhood Enterprises, Inc. ("Neighborhood"), Sanctuary In The Ordinary (SITO), and Jim Roos (collectively, "Sanctuary") filed suit against, inter alia, the City of St. Louis ("City") and St. Louis Board of Adjustment ("Board") challenging the Board's denial of a sign permit. Sanctuary further challenged the constitutionality of provisions of Chapter 26.68 of the Revised Code of the City of St. Louis ("zoning code") upon which the permit...

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