Cimasi v. City of Fenton

SIMON, Judge.

The City of Fenton (City) appeals from a judgment of the Circuit Court of St. Louis County providing: (1) that the City ordinance (Ordinance No. 48) governing retail sale of liquor by the drink void and unenforceable; (2) that the City is permanently enjoined from enforcing the ordinance; and (3) $15,000 as and for attorney’s fees for Robert J. Cimasi and J. Barleycorn’s, Inc. (respondents). Judgment affirmed in part and reversed in part.

On appeal, the City contends the trial court erred in: (1) not entering a nunc pro tunc order; (2) failing to find respondents had waived their…