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State ex rel. Stoyanoff v. Berkeley

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Bloomberg Law

Citation. 22 Ill.458 S.W.2d 305 (Mo. 1970)

Brief Fact Summary. Stoyanoff seeks to build a house that is highly modernistic and unusual in design.  The Architectural Board found the home was not in conformity with the style and design of surrounding structures, and refuses to issue the building permit.


Synopsis of Rule of Law. The city government’s delegation of authority to a non-elected Architectural Board was constitutional, even without very specific standards.  “The Board shall disapprove the application if it determines that the proposed structure will constitute an unsightly, grotesque or unsuitable structure in appearance, detrimental to the welfare of surrounding property or residents…”


Facts. Stoyanoff seeks to build a house that is highly modernistic and unusual in design “but complied with all existing building and zoning regulations and ordinances of the City of Ladue, Missouri”.  The Architectural Board examines the application to determine if it conforms to proper architectural standards in appearance and design and found the home was not in conformity with the style and design of surrounding structures, and refuses to issue the building permit.


Issue.  Whether the city government’s delegation of authority without very specific standards delegated to a non-elected Architectural Board was constitutional.


Content Type: Brief


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