In the recent case of Babb v. Missouri Public Service Commission et al., the Western District of the Missouri Court of Appeals relied upon Mike White‘s treatise, MISSOURI LAND USE LAW AND PRACTICE in reaching its decision to finally set the law straight. The Babb’s were denied a special use permit for the installation of a solar energy system by the city of Clarkson Valley, Missouri. The Babb’s filed suit 41 days after the denial. The city contended that the Babb’s were required to seek review under Section 89.110 R.S.MO. which contains a 30 day filing deadline. Mike White has long pointed out that the plain language of Section 89.110 makes it applicable only to appeals of decisions of boards of zoning adjustment. In spite of this clear language, the Courts have blindly followed earlier cases which erroneously held that all zoning decisions must be reviewed by a writ of certiorari within 30 days. Relying on MISSOURI LAND USE LAW AND PRACTICE, the court stated, “The city’s argument exposes a subject matter that has been unnecessarily confused by earlier appellate opinions, and is ripe for resolution: to wit, whether a zoning decision made by an entity other than the BZA remains under 89.110 for review. We conclude that it does not.” As usual, our partner Mike has been right again for a very long time!!
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