Real Property: Conditional Use Permit-Gravel Pit Operation-Voting Process

Where appellants challenged a county zoning board’s approval of an order of the planning and zoning commission granting a conditional use permit for a gravel-mining operation, the commission’s approval of the permit was valid under the relevant regulations and authorized by law, and the record supported the board’s determination that the jurisdictional requirements of the regulation were satisfied, so the approval was supported by competent and substantial evidence, and the judgment is affirmed.

Judgment is affirmed.

Lynch v. Franklin County (MLW No. 75004/Case No. ED107731 – 29 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, Franklin County, Brehe-Krueger, J. (Daniel J. Welsh, Jill R. Rembusch and Winston E. Calvert for appellants) (Mark C. Piontek and Steven P. Kuenzel for respondents).