State ex rel. Davidson Neighborhood Homeowners v. Klawuhn

Supreme Court of Missouri

State ex rel. Davidson Neighborhood Homeowners v. Klawuhn

760 S.W.2d 115, 1988 Mo. LEXIS 89, 1988 WL 121351

CourtSupreme Court of Missouri

DecidedNovember 15, 1988

DocketNo. 70825

StatusPublished

This text of 760 S.W.2d 115 (State ex rel. Davidson Neighborhood Homeowners v. Klawuhn) 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.

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State ex rel. Davidson Neighborhood Homeowners v. Klawuhn, 760 S.W.2d 115, 1988 Mo. LEXIS 89, 1988 WL 121351 (Mo. 1988).

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Opinion

RENDLEN, Judge.

Appellants (hereinafter relators), a neighborhood homeowners association and various individuals who own property in the vicinity of Northminister Presbyterian Church in Kansas City, sought to obtain judicial review of a decision of the board of adjustment pursuant to § 89.110. Their timely original petition was not verified and they subsequently sought to comply with the statute’s verification requirement by amending their petition. The trial court granted respondent’s motion to dismiss the original petition and denied relator’s motion to amend as “moot.” We granted transfer prior to opinion by the court of appeals because the dispositive issue is the same as that presented in Drury Displays, Inc. v. The Board of Adjustment of the City of St. Louis, 760 S.W.2d 112 (Mo. banc 1988), decided this same day.

For the reasons stated in that opinion, we reverse and remand this cause for further proceedings.

BILLINGS, C.J., and BLACKMAR, WELLIVER, HIGGINS, JJ., and GAITAN, Special Judge, concur. ROBERTSON, J., dissents. DONNELLY, J., not sitting.

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RENDLEN, Judge.

Appellants (hereinafter relators), a neighborhood homeowners association and various individuals who own property in the vicinity of Northminister Presbyterian Church in Kansas City, sought to obtain judicial review of a decision of the board of adjustment pursuant to § 89.110. Their timely original petition was not verified and they subsequently sought to comply with the statute’s verification requirement by amending their petition. The trial court granted respondent’s motion to dismiss the original petition and denied relator’s motion to amend as “moot.” We granted transfer prior to opinion by the court of appeals because the dispositive issue is the same as that presented in Drury Displays, Inc. v. The Board of Adjustment of the City of St. Louis, 760 S.W.2d 112 (Mo. banc 1988), decided this same day.

For the reasons stated in that opinion, we reverse and remand this cause for further proceedings.

BILLINGS, C.J., and BLACKMAR, WELLIVER, HIGGINS, JJ., and GAITAN, Special Judge, concur. ROBERTSON, J., dissents. DONNELLY, J., not sitting.

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760 S.W.2d 115, 1988 Mo. LEXIS 89, 1988 WL 121351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-davidson-neighborhood-homeowners-v-klawuhn-mo-1988.

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