Heuer v. City of Cape Girardeau

GARY M. GAERTNER, JR., Presiding Judge.

Introduction

Appellant John Heuer1 (Heuer) appeals the judgment of the trial court denying Heuer’s petition for removal of a fence erected in an alley at the rear of his property. Heuer argues the placement of the fence failed to comply with city ordinances and resulted in a violation of Heuer’s constitutional rights. We reverse and remand.

Background

In 1999, Heuer acquired two lots of property fronting on Frederick Street just north of Highway 74 in the City of Cape Girardeau, Missouri (City). Heuer acquired a third adjoining lot in 2011, just before the…