State ex rel. Christopher v. Matthews

240 S.W.2d 934, 362 Mo. 242, 1951 Mo. LEXIS 651
CourtSupreme Court of Missouri
DecidedJune 11, 1951
DocketNo. 42232
StatusPublished
Cited by16 cases

This text of 240 S.W.2d 934 (State ex rel. Christopher v. Matthews) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Christopher v. Matthews, 240 S.W.2d 934, 362 Mo. 242, 1951 Mo. LEXIS 651 (Mo. 1951).

Opinion

WESTHUES, C.

This is a certiorari proceeding to test the legality of an order changing or modifying the zoning of a particular tract of land located in the southeastern corner of St. Louis County, Missouri, where the Meramee River flows into the Mississippi River. The modification rezoned the land so as to change it from a residential district to a heavy industrial area. The trial court sustained the order of modification and relators appealed.

The writ was issued to the members of the County Court of St. Louis County. After the case was heard in the circuit court and while this appeal was pending, the County of St. Louis adopted a charter. By this charter the County Court was abolished and substituted in its place were a County Supervisor and seven councilmen. Relators, appellants here, filed a motion to substitute the supervisor and seven councilmen as respondents in lieu of the members of the County Court. This motion was sustained.

St. Louis County was zoned under authority of Chapter 64, R. S. 1949. On October 24, 1949, the zoning order previously made was modified under authority of Section 64.140, R. S. 1949. Relators deeming themselves aggrieved by the amending order instituted this proceeding in the Circuit Court of St. Louis County as authorized by subsection 3 of Section 64.120, R. S. 1949. No contention was made that the proceedings amending the zoning order were not in accordance with the law. The contention of relators is that the amending order is illegal, arbitrary, unreasonable, and discriminatory; that the industrial use of the property rezoned will violate the property rights of relators and other persons in the area; that it will constitute a nuisance and a health hazard and lower the property values and thereby deprive relators and others of their property without due process of law in violation of the provisions of the Constitution of Missouri and of the Constitution of the United States. Relators contend that the amendment constituted what is often referred to as “spot zoning.” ’

The County Court filed an answer to relators’ petition and the Union Electric Company of Missouri was permitted to and did inter-[245]*245plead. Tlie trial court heard the evidence tendered by the parties and sustained the order of the County Court.

The evidence showed that all of the southeastern portion of St. Louis County was zoned for residence purposes except a small area along the Meramee River which was zoned “resort.” The order modifying the original zoning order rezoned for heavy industry about 375 acres of land located in the extreme southeastern corner of the county. This land is low bottom and subject to overflow. The order of modification also rezoned a small strip adjacent to the above tract for light industrial purposes.

The evidence disclosed that the interpleader owned the territory rezoned for heavy industrial purposes; that it is the plan of the inter-pleader to construct a steam electric generating plant on this property; that one unit is to be erected immediately and when the demand for electric energy cannot be met more units will be added. It is contemplated that eventually four such units will be constructed. It was shown that the location is ideal for such a plant. The Mississippi River to the east of the tract may be utilized for the shipment of coal by barges. The main line of a railroad “runs through this property of the Union Electric.” Much water will be needed and an adequate water supply will always be available. In addition to the Mississippi River on the east, the Meramee River runs along the southwestern boundary of the tract. The cost of the plant’s four units was estimated to be about $100,000,000 and it will take two and one half years to complete the first unit.. The size of the plant can be gauged by the fact that about 50 tons of coal will be used per hour. Coal being-used will cause much fly ash. Ninety-five per cent of this will be collected by precipitators and deposited in basins to be constructed on the surrounding lowlands. The evidence was that the site had many constructional and operational advantages. The site where the plant is to be built will be raised by filling in so the plant will not be molested by floods. The customers to be served are chiefly in St. Louis and St. Louis County. However, as an engineer for the inter-pleader testified, the plant wall be a part of the entire system of the Union Electric Company. So, the energy generated at this plant may be used generally to serve the customers of the Union Electric system.

As to the surrounding territory, the evidence showed the following: Adjacent to the property of the interpleader, the Hillside Investment Company owned about 50 acres of land. This land was above the level of floodwater and was used and rented for public picnic grounds. It was rented to various groups and on certain days as many as 1,000 people would be on the grounds. It was operated on a commercial basis. Relators in this case lived on and owned property on high ground near the Mississippi River about two miles or more north and east of the site of the proposed electric plant. The land in St. Louis County for several miles to the north between the Mississippi and [246]*246Meramec Rivers is devoted mostly to farming, principally truck fanning. Much of the territory is wooded and hilly. We notice the markings on an exhibit that the lowland along the Meramec River including interpleader’s property is about 400 feet above sea level. The land near where the plaintiffs live is marked from 480 to 560 feet above sea level. Relators’ evidence showed that about two and a half miles north of the plant is the White House Retreat of the Jesuit Catholic Order. This was established about 1922. From a small beginning it has grown to such proportions that now about 3,000 men of various denominations make retreats there during the year. Improvements including buildings have been erected at a cost of about $650,000. The spiritual director of this establishment testified as follows: “The White House Retreat, or Retreat House, is an institution which furnishes physical rest and recreation, relaxation and quietude, promoting a better spiritual life in the men who come there. Those who come are given an opportunity to rest and relax under conditions, and in an atmosphere which contributes to complete mental rest and relaxation, an opportunity for contemplation and study of the things contributing to a higher spiritual life; it is a complete change from the kind of life which the business or professional man is accustomed to, and it is open to Catholics and non-Catholics alike, and Jews, and has no racial discrimination. Colored as well as white may come there, and they are open and operate the year round. We have what we call week-end retreats, mid-week retreats, or all-week retreats. We have mid-week retreats which begin Wednesday at noon, about one o ’clock, and they end Thursday noon. ’ ’ There is also a Boy Scout Camp located along the Meramec River about three and a half miles from the plant, site.

Relators also introduced evidence that if the plant is established real estate values will be depreciated in the surrounding territory. Interpleader introduced evidence that the erection of the proposed plant will enhance real estate values in the neighborhood of the plant; that employees at the plant will settle nearby causing an increase in the population; that the annual tax on the first unit of the plant will be about $100,000.

The evidence that the proposed plant will constitute a hazard to health or be detrimental to the surrounding community is not very convincing. Relators mentioned the Boy Scout Camp.

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Cite This Page — Counsel Stack

Bluebook (online)
240 S.W.2d 934, 362 Mo. 242, 1951 Mo. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-christopher-v-matthews-mo-1951.