Missouri Court of Appeals, Eastern District / May 28, 2024
AppellantNonresident employees challenged the City of St. Louis's earnings tax on income earned from remote work performed outside the city. The trial court partially granted summary judgment for the employees, finding remote work not taxable, and partially for the City on a Hancock Amendment claim, while dismissing class action claims. The appellate court affirmed the trial court's judgment, holding that the earnings tax ordinance does not apply to work done remotely outside the City and upholding the dismissal of class action claims and the denial of attorneys' fees.
Supreme Court of Missouri / Jan 30, 2024
AppellantMissouri Court of Appeals, Eastern District / Sep 5, 2023
RespondentOfficer Zachariah Foltz appealed the circuit court's judgment affirming his termination from the St. Louis Metropolitan Police Department. He argued he was denied due process and his Fifth Amendment rights were violated. The appellate court found that while due process was afforded, the Department improperly forced Officer Foltz to choose between his employment and his Fifth Amendment rights by ordering him to make a statement to a criminal investigator without immunity. The court reversed the circuit court's judgment and remanded the case for the Civil Service Commission to reconsider the appropriate sanction based on the remaining lawful grounds for termination.
Supreme Court of Missouri / Mar 7, 2023
RespondentThe treasurer of the City of St. Louis and the State of Missouri appealed a judgment declaring sections 82.485 and 82.487 unconstitutional for violating article VI, section 22 of the Missouri Constitution by creating duties for municipal offices in a charter city. The Missouri Supreme Court affirmed that the statutes' provisions creating duties for municipal offices were unconstitutional and void. However, the Court reversed the circuit court's finding that these invalid provisions could not be severed, striking only the unconstitutional language and holding the remaining statutory provisions valid.
Missouri Court of Appeals, Eastern District / Nov 9, 2021
RespondentKristine Hendrix appealed the circuit court's denial of her motion to recuse and its grant of summary judgment to the City of St. Louis on her negligent training and supervision claim. Officer Ogunjobi cross-appealed the denial of his motion for directed verdict on Hendrix's excessive force/battery claim, and Officer Wilson cross-appealed the denial of his request for attorney's fees. The appellate court affirmed the circuit court's judgment on all points, finding Hendrix waived her recusal argument, the City did not waive sovereign immunity, sufficient evidence supported the jury's excessive force verdict, and Officer Wilson failed to plead attorney's fees.
Missouri Court of Appeals, Eastern District / Sep 25, 2018
RespondentNew Life Evangelistic Center appealed the denial of its request for an exemption to the City of St. Louis's "plat-and-petition" requirement for operating a homeless shelter. Confluence Academy cross-appealed the grant of an exemption to the "school spacing" requirement. The appellate court affirmed the denial of New Life's plat-and-petition exemption, finding the ordinance constitutional, not vague, and supported by evidence. The court reversed the grant of the school spacing exemption, deeming the BBA's decision arbitrary and unreasonable, and remanded with instructions to reverse the BBA's decision.
Missouri Court of Appeals, Eastern District / Sep 19, 2017
RespondentSupreme Court of Missouri / Date unavailable
AppellantMissouri Court of Appeals, Eastern District / Date unavailable
AppellantElevi Holdings, LLC appealed the City of St. Louis Preservation Board's denial of a roofing variance for a property in a historic district. The trial court reversed the Board's decision, finding it unsupported by competent and substantial evidence and arbitrary. The appellate court affirmed the trial court's judgment, holding that Elevi Holdings provided sufficient evidence of financial hardship to warrant the variance and that the trial court properly considered additional evidence of the Board's procedural irregularities.
Missouri Court of Appeals, Eastern District / Date unavailable
RespondentMissouri Court of Appeals, Eastern District / Date unavailable
RespondentMissouri Court of Appeals, Eastern District / Date unavailable
Respondent