Legal Opinion

Josephine Havlak Photographer, Inc. v. Village of Twin Oaks

District Court, E.D. Missouri

Decided February 16, 2016No. Case No. 4:15CV00518 AGFPublished

1Opinion of the Court

MEMORANDUM AND ORDER

AUDREY G. FLEISSIG, UNITED STATES DISTRICT JUDGE

This action for declarative and injunctive relief is before the Court on Defendants’ motion to dismiss Plaintiffs’ Third Amended Complaint for lack of standing and failure to state a claim. The motion was filed by Defendants Village of Twin Oaks and Village Clerk/Controller Kathy Runge, and adopted by Defendant St. Louis County Police Chief Jon Belmar. Plaintiffs in this case seek (1) declaratory judgment that a municipal ordinance of the Village regulating commercial activity within Twin Oaks Park is an unconstitutional…

2Cases cited24 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
  5. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984

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