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Real Property: Zoning-Chicken-Keeping
Where a homeowner challenged a judgment against him for violations of city’s property maintenance code by allowing bare dirt in his back yard and keeping chickens closer than 150 feet from his lot line, the homeowner did not suffer any prejudice from defects in the information or violation notices, and the building inspector had authority […]
Constitutional Law: Zoning-First Amendment-Adult-Business Restriction
Where an adult-oriented business challenged the constitutionality of an Arkansas zoning law that prevented it from opening within 1,000 feet of schools and places frequented by children, the business did not engage in speech and so could not state a First Amendment claim, and the zoning law was not unconstitutionally vague and did not violate […]
Real Property Law: Zoning-Law of the Case-Res Judicata
Where homeowners, who sued a city and an animal shelter alleging violations of city zoning laws, challenged a judgment in favor of defendants, the judgment is affirmed because two of the homeowners’ points on appeal are barred by the law-of-the-case doctrine, and the defendant’s responsive pleading alleged sufficient facts to raise and properly plead the […]
Real Property : Zoning – Variance Approval – Church Digital Sign
Antioch Community Church v. Board of Zoning (MLW No. 71532/Case No. SC96215 – 25 pages) (Supreme Court of Missouri, Stith, J.; all concur)
Real Property: Zoning- Billboard- Cure Period
Claudia Lee & Associates v. Kansas City Board of Zoning Adjustment (MLW No. 69035/Case No. WD77928 – 13 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Jackson County, Youngs, J. (M. Margaret Sheahan Moran, Kansas City, Missouri, for respondent) (James Allen Kessinger, Kansas City, Missouri, for appellant).
Real Property : Zoning – Judicial Review Procedure
Aust v. Platte County (MLW No. 68624/Case No. WD78181 – 11 pages ) (Missouri Court of Appeals, Western District, Hardwick, J.)
Real Property : Zoning – Conditional Use Permit – Cellular Tower
Smith Communications, LLC v. Washington County (MLW No. 67797/Case No. 14-2512 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Real Property : Zoning – Landfill Construction – Sufficiency Of Hearing
Campbell v. County Commission of Franklin County (MLW No. 67403 – 16 pages) (Supreme Court of Missouri, Teitelman, J.)
Public Utilities : Zoning – Public Hearings – Standard of Review
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.)
Real Property : Zoning – Adult Entertainment
Peterson v. City of Florence (MLW No. 65406/Case No. 12-3017 – 7 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Real Property : Zoning – Adult Entertainment
Peterson v. City of Florence (MLW No. 65406/Case No. 12-3017 – 7 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Real Property: Zoning – Variance Application – Setback Ordinance
Board of Alderman of the City of Cassville v. Board of Adjustment of the City of Cassville (MLW No. 63423/Case No. SD31095 – 10 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
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
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