Wells & Highway 21 Corp. v. Yates

897 S.W.2d 56, 1995 Mo. App. LEXIS 397, 1995 WL 90438
CourtMissouri Court of Appeals
DecidedMarch 7, 1995
DocketNos. 63836, 63898
StatusPublished
Cited by5 cases

This text of 897 S.W.2d 56 (Wells & Highway 21 Corp. v. Yates) 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
Wells & Highway 21 Corp. v. Yates, 897 S.W.2d 56, 1995 Mo. App. LEXIS 397, 1995 WL 90438 (Mo. Ct. App. 1995).

Opinion

DOWD, Judge.

This is a zoning case. Wells & Highway 21 Corporation (Owner) purchased the property in question after the St. Louis County Planning Commission (Planning Commission) voted to approve an application for a change in zoning. However, the County Council rejected the Planning Commission’s recommendation and denied the petition for rezoning. Owner then filed a petition for a variance with the St. Louis County Board of Zoning Adjustment (BZA). After the BZA denied the variance, Owner filed a three-count petition in circuit court seeking: (1) a writ of certiorari directing the BZA to grant Owner a variance; (2) a declaratory judgment against the County declaring its zoning classification of the property unreasonable, invalid and unconstitutional; and (3) damages for the County’s regulatory taking of the property. The trial court ruled in favor of Owner on Count II, its declaratory judgment claim, but denied its request for a writ of certiorari in Count I. The trial court did not rule on Count III but found Counts I and II were final for purposes of appeal and there was no just reason for delay. St. Louis County appeals the trial court’s decision on Count II, and Owner appeals its decision as to Count I. We reverse as to Count II and affirm as to Count I.

The property in question is a 5.3 acre parcel of land located at the southwest corner of the intersection of Missouri State Highway 211 and Wells Road. According to a 1988 traffic count, Highway 21 carries 21,-000 cars per day and Wells Road carries 5,400 cars per day. The property currently lies within a R-2 residential zone and is improved with a single-family house. All tracts of land abutting the property are zoned for residential use. Some of the adjoining land is zoned R-2, and some is zoned R-6A, a higher density residential district. There are also several commercial properties in the vicinity. The following are sketches of the location of the property and the zoning of the surrounding property. These sketches were part of the record before the trial court. Neither is drawn to scale.

[59]*59[[Image here]]

[60]*60[[Image here]]

The permitted uses for R-2 property are: churches, single-family dwellings, forests and wildlife reservations, golf courses, home occupations, libraries, certain local public utilities, parks and playgrounds, and schools. Other conditional uses which are available by permit include: child care/nursery, private not-for-profit clubs and community centers, foster homes for handicapped children, golf courses, group homes for the developmentally disabled and elderly, religious facilities, hospitals, nursing homes, and police and fire stations.

In November of 1987, a petition was filed to have the property rezoned as a C-8 Planned Commercial District. In a C-8 district, an owner may use the property for a specifically approved commercial development. However, all commercial uses must be approved by the County to ensure they are compatible with the adjoining districts, and the County is also permitted to place conditions on C-8 commercial developments to protect the integrity of the area. Here, the Planning Commission recommended approval of a retail/offiee building and a convenience store with gas pumps and a car wash. One month later, Owner purchased the property for $450,000. Despite the Planning Commission’s recommendation, the County Council voted not to rezone the property. Owner then applied to the BZA for a variance to permit the property to be used for retail and office space and a convenience store. After a public hearing, the BZA denied the request for a variance. Owner then filed its three-count petition with the trial court.

In its sole point, the County alleges the trial court erred in declaring the R-2 residential zoning of Owner’s property was invalid because it unreasonably restricted Owner’s use of the property. Because zoning ordinances are legislative acts, challenges to their validity are reviewed de novo, with deference to the trial court’s ability to assess the credibility of the witnesses. J.R. Green Properties v. Bridgeton, 825 S.W.2d 684, 686[1] (Mo.App.1992). The zoning ordinance is presumed to be valid, and Owner bears the burden of proving unreasonableness. Id. [61]*61Any uncertainty about the reasonableness of a zoning ordinance should be resolved in the County’s favor; and if the issue is fairly debatable, the reviewing court may not substitute its opinion for that of the County. Elam v. City of St. Ann, 784 S.W.2d 380, 335[3] (Mo.App.1990).

Zoning ordinances are required by the due process clauses of both the Fourteenth Amendment to the U.S. Constitution and Article 1, Section 10 of the Missouri Constitution to “bear a substantial relationship to health, safety, morals or the public welfare.” Id. at 334[1]. However, we also consider the private detriment caused by the application of a zoning ordinance to a particular tract of land. Id. Thus, a zoning ordinance may be considered unconstitutionally unreasonable if it is demonstrated that the private detriment outweighs the public benefit from retaining it. Id. at 334 — 35[2]. Missouri courts use a two-step analysis in determining the validity of a zoning provision. State ex rel. Barber & Sons v. Jackson Cty., 869 S.W.2d 113, 117[9] (Mo.App.1993); White v. City of Brentwood, 799 S.W.2d 890, 893[4] (Mo.App.1990). First, we must determine whether the property owner has presented sufficient evidence to rebut the presumption that the present zoning is reasonable. Barber, 869 S.W.2d at 117[9]. If so, we then determine whether the government’s evidence establishes that the reasonableness of continuing the present zoning is a fairly debatable issue. Id.

Owner argues “[t]he existing zoning imposes a private detriment upon the interests of the owner because it restricts the property to uses for which it is not adaptable by reasons of location, topography, size and economic feasibility.” Factors which indicate a private detriment are the adaptability of the subject property to its zoned use and the effect of the current zoning on the property’s value. Elam, 784 S.W.2d at 335[5].

The experts who testified at trial had differing opinions as to the value of the property as zoned and its adaptability for any use allowed under R-2 zoning. Owner and the County each called one land planner, one engineer, and one appraiser to testify. Glen Powers, the County’s land planner, testified the property was suitable for either a single-family dwelling or a small subdivision. He also stated a commercial use could be appropriate, but a road alignment would be necessary. He stated there was nothing unique about the topography of the property which made it more suited for commercial development rather than residential. He stated most of the R-2 uses would be appropriate. John Baggs, Owner’s land planner, stated the land was only suitable for commercial uses because none of the uses allowed under R-2 zoning either with or without a special permit were economically feasible because of the necessity of realigning the intersection of Highway 21 and Wells Road. However, Baggs only did a feasibility analysis for one of the permitted uses, a residential subdivision.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

The City of Arnold v. Ray Dickhaner, LLC
Missouri Court of Appeals, 2022
JGJ PROPERTIES, LLC v. City of Ellisville
303 S.W.3d 642 (Missouri Court of Appeals, 2010)
Lenette Realty & Investment Co. v. City of Chesterfield
35 S.W.3d 399 (Missouri Court of Appeals, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
897 S.W.2d 56, 1995 Mo. App. LEXIS 397, 1995 WL 90438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-highway-21-corp-v-yates-moctapp-1995.