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Home / Opinions / Practice Area / Administrative Law / Public Utilities : Zoning – Public Hearings – Standard of Review

Public Utilities : Zoning – Public Hearings – Standard of Review

Where neighbors objected to utility company’s request to construct a coal-ash landfill next to a power plant, and neighbors claimed that there were no valid public hearings held to enact a zoning amendment allowing the landfill, because witnesses were not allowed to be heard at the hearings held, they were not valid public hearings and because of the general interest in the question posed by the case, it should be transferred.

Judgment is reversed and transferred to Supreme Court.

Concurring Opinion, Cohen, J.

“There is no basis in the record for this court to depart from the standard of review articulated above and resolve the merits of Count I.  To do so undermines the long-standing principle that an appellate court is a court of review.”

Concurring Opinion, Gaertner, Jr., J.

“I would find that we can review the questions raised in Count I regarding the legality of the Commission’s decision in light of the Commission’s record.  Based on the record and applicable law, I would find that Appellants have failed to show either that the Commission’s process of adopting the Amendment was illegal or that the Commission’s decision was clearly arbitrary and unreasonable.  Thus, I would affirm the decision of the Commission.”

Campbell, et al. v. County Commission of Franklin County, et al. (MLW No. 66685/Case No. ED99622 – 25 pages) (Missouri Court of Appeals, Eastern District, Van Amburg, J.) Appealed from circuit Court, Franklin County, Schollmeyer, J. (Maxine Lipeles for appellant) (James Virtel, Timothy Tryniecki and Steven Kuenzel for respondent Union Electric) (Mark Vincent and Joseph Purschke for respondent County Commission of Franklin County).

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