City of Richmond Heights v. Richmond Heights Presbyterian Church

BILLINGS, Chief Justice.

The Circuit Court of St. Louis County enjoined the Richmond Heights Presbyterian Church from operating a day care center for children located on the church’s property. The Missouri Court of Appeals, Eastern District, reversed on First Amendment grounds and this Court granted transfer. The Court concludes that under the facts of this case the day care center meets the requirements of an “accessory use” as defined and permitted in the City of Richmond Heights’ (City) zoning ordinance. Reversed.

The church is located in an area of the city zoned single family residential…