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Property Law Keyed to Dukeminier
State ex rel. Stoyanoff v. Berkley
Facts
The Architectural Board (the Board) in the City of Ladue refused to approve a building permit for a single family residence, which was unusual and “ultramodern” in design, but otherwise met all existing building and zoning ordinance standards. The Board had authority to approve plans which met appropriate standards of beauty and conformity. The Appellees had been denied a permit by the building commissioner (Appellant) to construct the residence because of the Board did not approve of Berkley’s proposed design. The surrounding homes were of colonial and French provincial style architecture. Appellees sought to build a pyramid shaped house. In defense of the Board’s actions, the City of Ladue had claimed that unusual was an understatement and that a “monstrosity grotesque in design” was more accurate. An expert opined that the design and appearance of the home in question would have an adverse affect the property values of surrounding homes. Ordinance 131 said that appropriate standards of beauty and conformity were to be encouraged by the Board. Ordinance 281 required conformity with the customary architecture and style of surrounding homes. In addition, Ordinance 281 mandated that any home design must lend itself to proper architectural development of the city.
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