ST. LOUIS - Lucas D. Kendall, Scrap Mart Properties and Scrap Mart filed a federal lawsuit on Nov. 16 in the Eastern District of Missouri against the City of Valley Park, alleging violation of equal protection and unconstitutional taking.
According to the complaint, the City of Valley Park denied Plaintiffs' business license and issued unlawful and spiteful ordinance violation citations that directly infringed on Plaintiffs' protected constitutional rights.
The City of Valley Park classified the Plaintiff's' property as "1-1 Light Industrial" in accordance with the 2013 Zoning Code which no longer allowed for the Plaintiff to operate his scrap metal recycling business. Plaintiffs' business predates the 2013 Zoning Code, which protects the business under the "non-conforming use" and should allow the business to stay operational, the suit says.
Plaintiff alleges that beginning in October 2020, the city began issuing him citations for being in violation of the zoning code. In total, Plaintiff was issued eight citations. Plaintiff was issued another four citations in January 2021.
Prior to the citations, the city had issued Plaintiff his business license in 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020. On January 23, 2021, Defendant accepted Plaintiffs' business license renewal and documentation and fee for calendar year 2021 and later returned it, denying the license, the suit says.
Kendall is represented by Sean D. Brinker of Washington, MO. and W. Dudley McCarter of Clayton, MO.
District Court of Eastern Missouri case number 4:21-cv-01353-PLC