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BG OLIVE & GRAESER v. CITY OF CREVE COEUR

No. SC 99619.

658 S.W.3d 44 (2022)

BG OLIVE & GRAESER, LLC, and Forsyth Investments, LLC, Respondents, v. CITY OF CREVE COEUR, Missouri, Appellant.

Supreme Court of Missouri, en banc.

Opinion issued December 20, 2022.

Attorney(s) appearing for the Case

The city was represented by James R. Layton of Tueth Keeney Cooper Mohan & Jackstadt PC in St. Louis, (314) 880-3600.

The property owners were represented by Gerard T. Carmody and Ryan M. Prsha of Carmody MacDonald PC in St. Louis, (314) 854-8600.

The Missouri Municipal League, which filed a brief as a friend of the Court, was represented by B. Allen Garner of Allen Garner Law LLC in Independence, (816) 478-3848.

The City of Creve Coeur, Missouri (hereinafter, "the City"), appeals from a judgment and an order in mandamus, requiring the City to issue a conditional use permit (hereinafter, "CUP"). The City asserts the circuit court improperly overrode the City's discretion to issue a CUP and failed to apply proper standards when...

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