Legal Opinion
City of Festus v. Werner
Missouri Court of Appeals
Decided August 9, 1983No. 46073PublishedCited by 9 opinions
1Opinion of the Court
SMITH, Judge.
Defendant appeals from his conviction of violation of a municipal ordinance of the City of Festus prohibiting the creation or generation of disagreeable odors. He was fined $75. We reverse.
Defendant operates a roofing company located in the City of Festus. The company moved its present location in 1973 or 1974 after obtaining permission from the Planning and Zoning Commission of the City and the City Council. The business is bordered by a junk yard, a railroad, and residential homes. The company uses large tank trucks for delivery of roofing tar and asphalt to job sites. The tar…
2Cases cited3 opinions
- Postscript Enterprises, Inc. v. WhaleyCourt of Appeals for the Eighth Circuit · 1981
- Olympic Drive-In Theatre, Inc. v. City of PagedaleSupreme Court of Missouri · 1969
- City of Milwaukee v. Milbrew, Inc.Wisconsin Supreme Court · 1942
3Cited by9 opinions
- State Ex Rel. Webster v. Lehndorff Geneva, Inc.Supreme Court of Missouri · 1988
- Unverferth v. City of FlorissantMissouri Court of Appeals · 2013
- Perez v. Missouri State Board of Registration for the Healing ArtsMissouri Court of Appeals · 1991
- City of Independence v. RichardsMissouri Court of Appeals · 1983
- St. Louis County v. KienzleMissouri Court of Appeals · 1992
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