Missouri Court of Appeals, 2004

Mason Sign Co. v. City of Breckenridge Hills

Mason Sign Co. v. City of Breckenridge Hills
Missouri Court of Appeals · Decided March 9, 2004 · Crane, Hoff, Norton
135 S.W.3d 434; 2004 Mo. App. LEXIS 318; 2004 WL 434045 (South Western Reporter, Third Series)

Mason Sign Co. v. City of Breckenridge Hills

Opinion of the Court

ORDER

PER CURIAM.

Petitioner, Mason Sign Company, Inc., appeals from a judgment affirming the decision of the City Council of the City of Breekenridge Hills denying petitioner’s applications for a merchant’s license.

The City of Breekenridge Hills has filed a Motion to Enforce Settlement based on letters exchanged by counsel for the parties while this case has been on appeal. We have reviewed the letters and conclude that promises and performances set out *435therein are too uncertain and conditional to bind the parties to a settlement. See Donley v. Parker, 833 S.W.2d 480, 481 (Mo.App. 1992). The motion to enforce settlement is denied.

The decision of the City Council is supported by competent and substantial evidence on the whole record. A written opinion reciting the detailed facts and restating the principles of law would have no precedential value. However, the parties have been furnished with a memorandum opinion, for their information only, setting forth the facts and reasons for this order.

We affirm the judgment pursuant to Rule 84.16(b).

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