Municipal: Denial of Building Permit-Writ of Certiorari

Plaintiffs 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)