City of Ladue v. Horn

720 S.W.2d 745
CourtMissouri Court of Appeals
DecidedFebruary 17, 1987
Docket51415
StatusPublished
Cited by16 cases

This text of 720 S.W.2d 745 (City of Ladue v. Horn) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Ladue v. Horn, 720 S.W.2d 745 (Mo. Ct. App. 1987).

Opinion

CRANDALL, Judge.

Defendants, Joan Horn and E. Terrence Jones, appeal from the judgment of the trial court in favor of plaintiff, City of Ladue (Ladue), which enjoined defendants from occupying their home in violation of Ladue’s zoning ordinance and which dismissed defendants’ counterclaim. We affirm.

The case was submitted to the trial court on stipulated facts. Ladue’s Zoning Ordinance No. 1175 was in effect at all times pertinent to the present action. Certain zones were designated as one-family residential. The zoning ordinance defined family as: “One or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization.” The only authorized accessory use in residential districts was for “[ajccommodations for domestic persons employed and living on the premises and home occupations.” The purpose of La-due’s zoning ordinance was broadly stated as to promote “the health, safety, morals and general welfare” of Ladue.

In July, 1981, defendants purchased a seven-bedroom, four-bathroom house which was located in a single-family residential zone in Ladue. Residing in defendants’ home were Horn’s two children (aged 16 and 19) and Jones’s one child (age 18). The two older children attended out-of-state universities and lived in the house only on a part-time basis. Although defendants were not married, they shared a common bedroom, maintained a joint checking account for the household expenses, ate their meals together, entertained together, and disciplined each other’s children. 1 La-due made demands upon defendants to vacate their home because their household did not comprise a family, as defined by La-due’s zoning ordinance, and therefore they could not live in an area zoned for single-family dwellings. When defendants refused to vacate, Ladue sought to enjoin defendants’ continued violation of the zoning ordinance. 2 Defendants counterclaimed, seeking a declaration that the zoning ordinance was constitutionally void. They also sought attorneys’ fees and costs. The trial court entered a permanent injunction in favor of Ladue and dismissed defendants’ counterclaim. Enforcement of the injunction was stayed pending this appeal.

Preliminarily, we note that the ordinance in question clearly restricts the use of the property rather than the character of the structure. Compare Blevins v. Barry-Lawrence County Ass’n. for Retarded Citizens, 707 S.W.2d 407 (Mo. banc 1986). It is therefore a legal impossibility to uphold the validity of the ordinance and, at the same time, permit defendants to occupy their residence.

In Missouri, the scope of appellate review in zoning matters is limited; and the reviewing court may not substitute its judgment for that of the zoning authority. Plaas v. Lehr, 538 S.W.2d 919, 921 (Mo.App.1976). A zoning ordinance is presumed valid. Deacon v. City of Ladue, *748 294 S.W.2d 616, 624 (Mo.App.1956). The legislative body is vested with broad discretion and the appellate court cannot interfere unless it is shown that the legislative body has acted arbitrarily. Id. “If the council’s action is fairly debatable, the court cannot substitute its opinion.” Vat-terott v. City of Florissant, 462 S.W.2d 711, 713 (Mo.App.1971).

In addition to our scope of review in zoning matters, we are guided by our scope of review in a court-tried case. Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). Here, the parties did not request, nor did the trial court make, findings on any controverted fact issues. See Rule 73.01(a)(2). We therefore assume that all factual determinations were made consistent with the trial court’s judgment. Weiss v. Fayant, 606 S.W.2d 440, 443 (Mo.App.1980).

Capsulated, defendants’ attack on La-due’s ordinance is three-pronged. First, the zoning limitations foreclose them from exercising their right to associate freely with whomever they wish. Roberts v. United States Jaycees, 468 U.S. 609, 104 S.Ct. 3244, 82 L.Ed.2d 462 (1984). Second, their right to privacy is violated by the zoning restrictions. Stanley v. Georgia, 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d 542 (1969). Third, the zoning classification distinguishes between related persons and unrelated persons. United States Dept. of Agriculture v. Moreno, 413 U.S. 528, 93 S.Ct. 2821, 37 L.Ed.2d 782 (1973). Defendants allege that the United States and Missouri Constitutions grant each of them the right to share his or her residence with whomever he or she chooses. They assert that Ladue has not demonstrated a compelling, much less rational, justification for the overly proscriptive blood or legal relationship requirement in its zoning ordinance.

Defendants posit that the term “family” is susceptible to several meanings. They contend that, since their household is the “functional and factual equivalent of a natural family,” the ordinance may not preclude them from living in a single-family residential Ladue neighborhood. See, e.g., McMinn v. Town of Oyster Bay, 66 N.Y.2d 544, 498 N.Y.S.2d 128, 488 N.E.2d 1240 (Ct.App.1985). Defendants argue in their brief as follows:

The record amply demonstrates that the private, intimate interests of Horn and Jones are substantial. Horn, Jones, and their respective children have historically lived together as a single family unit. They use and occupy their home for the identical purposes and in the identical manners as families which are biologically or maritally related.

To bolster this contention, defendants elaborate on their shared duties, as set forth earlier in this opinion. Defendants acknowledge the importance of viewing themselves as a family unit, albeit a “conceptual family” as opposed to a “true non-family,” in order to prevent the application of the ordinance. 3

The fallacy in defendants’ syllogism is that the stipulated facts do not compel the conclusion that defendants are living as a family. A man and woman living together, sharing pleasures and certain responsibilities, does not per se constitute a family in even the conceptual sense. To approximate a family relationship, there must exist a commitment to a permanent relationship and a perceived reciprocal obligation to support and to care for each other. See, e.g., State ex rel. Ellis v. Liddle, 520 S.W.2d 644, 650 (Mo.App.1975). Only when these characteristics are present can the conceptual family, perhaps, equate with the traditional-family. In a traditional family, certain of its inherent attributes arise from the legal relationship of the family members.

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720 S.W.2d 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-ladue-v-horn-moctapp-1987.