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Municipal-Real Estate Development Ordinances-Constitutionality
Staff Report//June 25, 2025//
Plaintiff appealed the dismissal of its complaint challenging the constitutionality of defendant’s real estate development ordinances. The trial court dismissed the case, finding that plaintiff’s claims were not ripe for adjudication because it had not applied for approval of its development plans.
Where plaintiff had alleged sufficient facts necessary to adjudicate its claims and the ordinances were affecting plaintiff by dissuading it from applying for development approval, there was an immediate, concrete dispute.
Judgment is reversed and remanded.
Claymont Development, LLC v. City of Wildwood (MLW No. 83374/Case No. ED112720 – 8 pages) (Missouri Court of Appeals, Eastern District, Gardner, J.) Appeal from circuit court, St. Louis County, Kerr, J. (Caroline L. Hermeling and Vicki L. Little for appellant) (Jared D. Howell for respondent)
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