Administrative : Subject Matter Jurisdiction – Exhaustion Of Remedies

Stephanie Maniscalco//January 14, 2016//

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Where homeowners challenged the validity of a city ordinance requiring them to plant turf grass after they requested a variance but were only granted a partial variance, and the homeowners did not request a writ of certiorari in the circuit court as required by statute for challenges to a board of adjustment decision, the trial court erred in finding that it lacked subject matter over the petition as a whole, but the second count was an attack on the board of adjustment decision, so dismissal was proper based on the failure to follow the statutory procedure, and the substantive due process claim is reversed and remanded for failure to state a claim.

Judgment is affirmed in part; reversed and remanded.

Duffner v. City of St. Peters (MLW No. 68659/Case No. ED102898 – 19 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Charles County, Pelikan, J. (David E. Roland for appellant) (V. Scott Williams and Jared D. Howell for respondent).

Read the full text of this opinion. (PDF)