DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
153400P.pdf 12/09/2016 Mike MacMann v. Mike Matthes
U.S. Court of Appeals Case No: 15-3400
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Wollman, Author, with Arnold and Kelly, Circuit Judges]
Civil case - Constitutional law. In an action alleging the City of
Columbia, Missouri and its City Manager violated plaintiff's rights by
interfering with their participation in a municipal referendum process to
repeal two ordinances passed by the City Council in connection with a
student-housing development project to be built by a third-party
developer, the district court did not err in determining plaintiffs'
rights to challenge the ordinances was defined and limited by the City
Charter; the City did not violate the City Charter or interfere with
resident's referendum rights by adopting the second ordinance at issue;
the City could repeal the first ordinance rather than submitting it to a
vote, and the City could enact the second ordinance while the first
ordinance was pending; Charter does not give residents the power to
challenge the issuance of construction-related permits by City
administrative departments, and the issuance of permits upon the
submission of valid permit applications did not violate the residents'
rights under the Charter; plaintiffs' First and Fourteenth Amendment
challenges were properly rejected.