Home/Supreme Court of Missouri/Tealin Co. v. City of Ladue

Tealin Co. v. City of Ladue

541 S.W.2d 544, 1976 Mo. LEXIS 278
CourtSupreme Court of Missouri
DecidedSeptember 13, 1976
Docket59250
StatusPublished
Cited by20 cases

This text of 541 S.W.2d 544 (Tealin Co. v. City of Ladue) 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
Tealin Co. v. City of Ladue, 541 S.W.2d 544, 1976 Mo. LEXIS 278 (Mo. 1976).

Opinion

BARDGETT, Judge.

Plaintiff-appellant Tealin Company (Tea-lin), owner of a vacant lot in the city of Ladue, St. Louis county, sued in circuit court to enjoin the enforcement of Ladue’s single-family, residential zoning ordinance as to Tealin’s property on the grounds that the ordinance as applied to Tealin’s property was unreasonable, unconstitutional, unlawful, and void. The circuit court held the ordinance reasonable and denied injunctive relief. On appeal to the Missouri Court of Appeals, St. Louis district, the judgment of the circuit court was reversed and the cause remanded with instructions to grant Tealin injunctive relief. Thereafter, this court granted Ladue’s application to transfer pursuant to Art. V, section 10, Mo.Const., as amended 1970.

Prior to the filing of the circuit court suit, Tealin had applied to Ladue for a change of zoning to “F” commercial in order to permit the construction of a two-story-office building. Ladue’s zoning and planning commission recommended against the rezoning and the city council denied the application for rezoning.

The city of Ladue is primarily a residential municipality located within the St. Louis metropolitan area and is a suburb of the city of St. Louis. It is located in the central part of St. Louis county and the east side of Lindbergh Boulevard forms the western boundary line of Ladue. Lindbergh at this point is a heavily-traveled, north-south, four-lane, divided highway.

Ladue became a fourth-class city in 1936 by the consolidation of three villages and established a zoning commission in 1937. A zoning ordinance was adopted in 1938. The property involved in this case became part of the city of Ladue by annexation in 1947. That annexation extended the western boundary one-fourth mile west to its present location at the east edge of Lindbergh, north to the city of Creve Coeur, and south to Huntleigh Village. The newly annexed territory was zoned single-family residential except for those portions where the existing use was commercial. The commer *546 cially zoned areas consisted of a small zone on the southeast corner of Lindbergh and Conway fronting about two hundred feet on Lindbergh and two larger tracts located on the northeast and southeast corners of Lindbergh and Clayton Road. Conway is about one and one-fourth miles south of Tealin’s property and Clayton Road is about two-thirds of a mile further south of Conway. Ladue’s western boundary bordering on Lindbergh is about three miles long. All of the property bordering on Lindbergh in Ladue is and has been since 1947 zoned residential except for the three parcels noted.

The vacant lot which is the subject of this case is 1.11 acres in area. It is located at the extreme northwest corner of Ladue fronting 244.71 feet on Lindbergh and was part of a tract of land which, with the exception of this lot, was subdivided by Tealin’s predecessor in title into a residential subdivision known as Tealbrook Estates containing thirty-one homes. The dividing line between Ladue and Creve Coeur runs east and west through the center of Teal-brook Estates and lies just a few feet to the north of Tealin’s lot. South Tealbrook Drive abuts the south side of Tealin’s lot and provides access on the south to Teal-brook. North Tealbrook Drive enters Lindbergh about four hundred feet north of the Tealin property. Between Tealin’s lot and North Tealbrook Drive is a “jug handle” which permits northbound traffic on Lindbergh to turn around and proceed south on Lindbergh. North and South Tealbrook Drives form sort of a horseshoe “Pi” with Tealin’s lot and the “jug handle” located between the two sides of the horseshoe. The subdivision of Tealwood is in Creve Coeur and is located immediately north of Tealbrook. Tealwood is also zoned residential. North of Tealwood is a large Monsanto Company facility. The property fronting on the west side of Lindbergh is in Creve Coeur and in the main is zoned commercial and utilized as such with some exceptions. Pictured below is a portion of Ladue’s exhibit B which, more than words can do, graphically portrays the relative location and use of property in Ladue. 1 The lot marked “T” is Tealin’s property. “R” denotes existing residences. “V” denotes vacant lots. “C” denotes commercial and “S” denotes a school. All numbered lots are residential and as can be seen from the plat the residences in Ladue where the property abuts on Lindbergh are, with a few exceptions, reached by subdivision streets rather than directly from Lindbergh.

*547

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Bluebook (online)
541 S.W.2d 544, 1976 Mo. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tealin-co-v-city-of-ladue-mo-1976.