Legal Opinion

St. Louis Gunning Advertising Co. v. City of St. Louis

Supreme Court of Missouri

Decided June 7, 1911PublishedCited by 42 opinions

Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) Judicial authority to declare a police ordinance void on the ground of unreasonableness is to be very cautiously exercised. McQuillin on Ordinances, p. 298; State v. Clifford, 128 S. W. 758; Wells v. Mt. Olivet, 102 S. W. 1182. All rights of every character are held subject to the police power.

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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) Judicial authority to declare a police ordinance void on the ground of unreasonableness is to be very cautiously exercised. McQuillin on Ordinances, p. 298; State v. Clifford, 128 S. W. 758; Wells v. Mt. Olivet, 102 S. W. 1182. All rights of every character are held subject to the police power. St. Louis v. McCann, 157 Mo. 308; Eichenlaub v. St. Joseph, 113 Mo. 404; St. Louis v. G-alt, 179 Mo. 16. The Legislature is the judge in the first instance of expediency, and its decision must be prima facie presumed to be…

1Opinion of the Court

IN DIVISION ONE.

WOODSON, J.

— The purpose of this suit was to test the validity of a certain ordinance, enacted by the Municipal Assembly of the city of St. Louis, in so far as it purports to regulate and control signs and billboards within the limits thereof, and to enjoin the city and its officers from enforcing it against the plaintiff. Said ordinance is numbered 22,022, and the parts thereof which are challenged by this suit are sections 2, 14, 81, 177 and 178. Said sections read as follows:

“Section 2. Permit Required. No work, except minor repairs, shall be done upon any structure,…

Also in this document: Per curiam.

2Cases cited59 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Mugler v. KansasSupreme Court of the United States · 1887
  4. Barbier v. ConnollySupreme Court of the United States · 1884
  5. Beer Co. v. MassachusettsSupreme Court of the United States · 1878

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3Cited by42 opinions

  1. Murphy, Inc. v. Town of WestportSupreme Court of Connecticut · 1944
  2. Bellerive Investment Co. v. Kansas CitySupreme Court of Missouri · 1929
  3. Kansas City v. LiebiSupreme Court of Missouri · 1923
  4. Ex Parte WilliamsSupreme Court of Missouri · 1940
  5. World Wide Rush, LLC v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2010

37 more not listed; retrieve them via the Exa API.

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