[Download] "State Missouri v. Edward C. Cleveland" by Eastern District, Division Three Court of Appeals of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Edward C. Cleveland
- Author : Eastern District, Division Three Court of Appeals of Missouri
- Release Date : January 29, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Relator appeals from the action of the trial court in dismissing his petition for a writ of mandamus. We reverse and remand. Because relator's petition was dismissed for failure to state a cause of action we must consider as true all well pleaded
facts. Davis v. Carmichael , 755 S.W.2d 679, l.c. 680 (Mo. App. 1988). Relator alleged that he owns a parcel of real estate
in the City of Kirkwood. The Subdivision ordinance of Kirkwood requires approval of a subdivision plat prior to development
or sale of property. The approval process involves (1) initial approval by the Kirkwood Planning and Zoning Commission of
a preliminary plat, (2) Commission approval of the final plat and (3) approval by the City Council of the final plat. Relator
submitted a preliminary plat to the Commission which was denied approval. Relator thereafter submitted a final plat to the
Commission which again denied approval. The final plat was then forwarded to the City Council which denied approval. Relator
alleged that it was the duty of the Commission and the Council to examine the plats with respect to minimum zoning standards
and requirements of the City and to approve the preliminary and final plats if they meet or exceed the standards and requirements.
He further alleged that the preliminary and final plats met such standards and requirements of the Subdivision ordinance,
and the actions of the Commission and the Council were the arbitrary, capricious, unreasonable and unlawful refusal to carry
out a ministerial act under the Subdivision ordinance and therefore an act beyond the powers of the two bodies.