Administrative: Zoning Variances – Cellular Tower – Standard Of Review

Stephanie Maniscalco//December 23, 2009//

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The Highlands Homes Association, et al. v. The Board of Adjustment, et al. (MLW No. 60008/Case No. WD70862 – 12 pages) (Missouri Court of Appeals, Western District, Mitchell, P.J.)

Where a landowner and a cellular company were granted zoning variances for the construction of a cellular tower, a zoning board’s grant of non-use variances are reviewed for abuse of discretion, and a homeowners’ association that objected to the tower did not show that the requested variances were an abuse of discretion.

Judgment is affirmed.

The Highlands Homes Association, et al. v. The Board of Adjustment, et al. (MLW No. 60008/Case No. WD70862 – 12 pages) (Missouri Court of Appeals, Western District, Mitchell, P.J.) Appealed from circuit court, Boone County, Crane, J. (Thomas M. Schneider, Columbia, for appellant) (Kathleen D. Pitzer and Susan G. Crigler, Columbia, for respondents).

Click here to read the full text of this opinion.