City of Creve Coeur, Missouri Missouri Cases

The City of Creve Coeur appealed the circuit court's grant of summary judgment in favor of DirecTV, LLC, and other streaming service providers. Creve Coeur sought Video Service Provider (VSP) fees, arguing the providers fell under the Video Service Provider Act (VSPA) and were unjustly enriched. The appellate court affirmed, holding that a 2024 amendment to VSPA clarified its original meaning, excluding streaming content, thus no VSP fees were owed and no constitutional violation occurred, nor was there a basis for unjust enrichment.

BG Olive & Graeser, LLC and Forsyth Investments, LLC (Property Owners) sought a conditional use permit (CUP) from the City of Creve Coeur to construct a QuikTrip convenience store and service station. The City Council denied the application, prompting Property Owners to seek judicial review. The circuit court conducted a trial de novo, found the City's refusal unlawful, and issued a writ of mandamus compelling the City to issue the CUP. The Supreme Court reversed the circuit court's judgment and quashed the writ, holding that the circuit court improperly substituted its discretion for the City's, in violation of the standard for reviewing noncontested administrative decisions under section 536.150.1.

BG Olive & Graeser, LLC and Forsyth Investments, LLC (Plaintiffs) sought a conditional use permit (CUP) from the City of Creve Coeur for QuikTrip to redevelop property. The City Council denied the application, leading Plaintiffs to seek judicial review in the circuit court under Section 536.150 RSMo. The circuit court conducted a de novo trial, found the City's denial unlawful, arbitrary, and an abuse of discretion, and ordered the City to issue the CUP. The Missouri Court of Appeals affirmed the circuit court's judgment, holding that the circuit court properly conducted a de novo review and that the City failed to provide a lawful basis for its discretionary denial.