State ex rel. Swaney v. Commission of Platte County

Missouri Court of Appeals

State ex rel. Swaney v. Commission of Platte County

336 S.W.3d 487, 2011 Mo. App. LEXIS 372, 2011 WL 976726

Missouri Court of Appeals·Decided March 22, 2011·No. No. WD 72471·Published

Opinion

Order

PER CURIAM:

Appellants, Hal and Peggy Swaney, J. Louis Leskey, trustee of the Swaney Farm Trust, and Lakes at Tomahawke Ridge, L.L.C., appeal the Circuit Court of Platte County’s judgment denying their request for a writ of mandamus to compel the County Commission of Platte County, Missouri, to approve the preliminary plat of the Lake at Tomahawke Ridge subdivision. Appellants claim that the trial court erred in not issuing a writ of mandamus because they argue the preliminary plat complied with all legal requirements necessary for approval, and therefore, the Platte County Commission was without discretion to refuse to approve the preliminary plat. We disagree and affirm in this per curiam, order. Rule 84.16(b).

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Order

PER CURIAM:

Appellants, Hal and Peggy Swaney, J. Louis Leskey, trustee of the Swaney Farm Trust, and Lakes at Tomahawke Ridge, L.L.C., appeal the Circuit Court of Platte County’s judgment denying their request for a writ of mandamus to compel the County Commission of Platte County, Missouri, to approve the preliminary plat of the Lake at Tomahawke Ridge subdivision. Appellants claim that the trial court erred in not issuing a writ of mandamus because they argue the preliminary plat complied with all legal requirements necessary for approval, and therefore, the Platte County Commission was without discretion to refuse to approve the preliminary plat. We disagree and affirm in this per curiam, order. Rule 84.16(b).

State ex rel. Swaney v. Commission of Platte County, 336 S.W.3d 487, 2011 Mo. App. LEXIS 372, 2011 WL 976726 (Mo. Ct. App. 2011).

Pincite

336 S.W.3d 487 (State ex rel. Swaney v. Commission of Platte County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.