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Zoning

Jan 17, 2020

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 […]

Aug 29, 2019

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 […]

Feb 18, 2019

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 […]

Apr 5, 2018

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)

Apr 14, 2016

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).

Jan 5, 2016

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.)

May 18, 2015

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.)

Feb 4, 2015

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.)

Jul 23, 2014

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.)

Aug 22, 2013

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)

Aug 19, 2013

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)

Mar 22, 2012

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.)

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