United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE
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.
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.
State Petition alleges:
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
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:
10601 Clayton Road (5 acres)
St. Louis County Locator No. 20N640182
10601A Clayton Road (2.39 acres)
St. Louis County Locator No. 20N640261
10601B Clayton Road (0.71 acres)
St. Louis County Locator No. 20N640281
10635 Clayton Road (0.95 acres)
St. Louis County Locator No. 20N640142
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
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"
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
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 ...