Free Newsletter
Municipal: Denial of Building Permit-Writ of Certiorari
Staff Report//April 21, 2023//
Listen to this articlePlaintiffs appealed the denial of their petition for writ of certiorari that requested the reversal of defendant’s denial of plaintiffs’ application for a building permit to construct a natural gas generator that would provide power for plaintiffs’ grocery store.
Where plaintiffs had failed to show that the generator qualified as an authorized accessory use under defendant’s zoning code, defendant did not have a ministerial duty to issue a building permit not authorized by the code and plaintiff were not entitled to a writ of certiorari.
Judgment is affirmed.
Four B Corp. v. City of Harrisonville Board of Zoning Adjustments (MLW No. 79756/Case No. WD85325, WD85332, & WD85421 – 21 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Cass County, Wagner, J. (David Ballew, Kansas City, for appellants) (Alex Felzien, Kansas City, for respondent)
Related Content
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
