Ruggeri v. City of St. Louis

HIGGINS, Commissioner.

Class action by restaurant operators for declaratory judgment and injunctive relief. Upon their motion, summary judgment was entered declaring Ordinance 54737 of the City of St. Louis unconstitutional, null and void, and enjoining its enforcement by appellants.

Respondents have moved to dismiss this appeal on the theory that a subsequent ordinance repealed Ordinance 54737 and rendered all issues moot; however, the subsequent ordinance provides for continued exposure to the taxes levied under the ordinance in question and the suggestion that the appeal should be dismissed…