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The Grove Assisted Living, LLC v. City of Frontenac

United States District Court, E.D. Missouri, Eastern Division

September 1, 2017

THE GROVE ASSISTED LIVING, LLC, Plaintiff,
v.
CITY OF FRONTENAC, MISSOURI, et al., Defendants.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendant's Motion to Dismiss, [Doc. No. 3]. Plaintiff opposes the Motion. For the reasons set forth below, the Motion will be granted.

         Introduction

         Plaintiff owns land in the City of Frontenac, Missouri, which it wishes to develop. Plaintiff filed three applications with the City of Frontenac seeking to have the zoning classification of its property changed to allow for the development of residential villas and a senior living residential community including an assisted living facility. Plaintiff brought this suit in state court seeking a declaratory judgment, and money damages under 42 U.S.C. § 1983. Defendants removed. On April 6, 2017, the Court remanded Count I to the State Court as the state claim substantially predominated over the federal claim; the Court declined to exercise supplemental jurisdiction over that claim.

         Facts and Background

         Plaintiff's State Petition alleges:

         Plaintiff is a limited liability company organized and existing under the laws of the State of Missouri. Defendant City of Frontenac, Missouri ["Defendant City" or "Frontenac"] is a municipal corporation, a fourth class city and a political subdivision of the State of Missouri. Defendant Keith Krieg ["Mayor"] was acting as the Mayor for Defendant City. Defendants Chris Kehr, Tom O'Brien, Margot Martin, Bud Guest, John T. O'Cormell, Mike Schoedel, David Bray and Brian Warner at one time or another voted on the matters described herein as members of the Frontenac Board of Aldermen ["Board"].

         The approximately 9.6 acre property whose zoning classification is the subject of the case at bar consists of four contiguous parcels of St. Louis County real property situated within the corporate boundaries of the City of Frontenac, Missouri ["Subject Property"], described as follows:

PARCEL ONE
10601 Clayton Road (5 acres)
St. Louis County Locator No. 20N640182
PARCEL TWO
10601A Clayton Road (2.39 acres)
St. Louis County Locator No. 20N640261
PARCEL THREE
10601B Clayton Road (0.71 acres)
St. Louis County Locator No. 20N640281
PARCEL FOUR
10635 Clayton Road (0.95 acres)
St. Louis County Locator No. 20N640142

         The Subject Property is situated within a rectangle bounded to the west by Spoede Road and certain residential property described below (in Paragraph 10), to the north by Interstate 64, to the east by the site of the City Hall and Public Works complex of Defendant City (10555 Clayton Road - St. Louis County Locator No. 20M430261), and to the south by Clayton Road.

         The property adjacent to the northern boundary of the Subject Property is Interstate 64, an interstate highway which is part of the National Highway System of the United States. The property adjacent to the southern boundary of the Subject Property is Clayton Road. The property immediately to the east of the Subject Property is the approximately 2.72 acre site of the Frontenac City Hall and Public Works complex (10555 Clayton Road - St. Louis County Locator No. 20M430261). The zoning district regulation assigned to this 2.72 acre parcel by Defendant City is "R-1" Residential.

         The property immediately to the west of the Subject Property, and to the East of South Spoede Road, consists of five residential parcels which are described as follows:

PARCEL "A" 1440 S. Spoede Road (1.04 acres)
St. Louis County Locator No. 20N640308 PARCEL "B" 1412 S. Spoede Road (1.95 acres)
St. Louis County Locator No. 20N640317 PARCEL "C" 1408 S. Spoede Road (0.93 acres)
St. Louis County Locator No. 20N640243 PARCEL "D" 1400 S. Spoede Road (1 acre)
St. Louis County Locator No. 20N640362 PARCEL "E" 1396 S. Spoede Road (1 acre)
St. Louis County Locator No. 19N320280

         The original zoning district classification assigned to each of these residential parcels by Defendant City was "R-1" residential. The City subsequently changed the zoning district ...


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