Alumax Foils, Inc. v. City of St. Louis

ROBERTSON, Judge.

Sections 23.41.010 to .060, St. Louis, Missouri, Revised Code (1994), requires that certain industrial and commercial enterprises pay a “Natural Gas Transportation License Fee” for the privilege of purchasing natural gas outside the City of St. Louis (“the City”) and consuming that gas within the City. Appellants challenge the validity of the ordinance on numerous statutory and constitutional grounds. The circuit court upheld the validity of the ordinance. Sua sponte, we consider our jurisdiction to consider this appeal, hold that the City ordinance in question is not “a…