(Download) "Jon R. Plaas v. George W. Lehr" by Missouri Court of Appeals Kansas City District # eBook PDF Kindle ePub Free
eBook details
- Title: Jon R. Plaas v. George W. Lehr
- Author : Missouri Court of Appeals Kansas City District
- Release Date : January 06, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This case involves an attempt by the appellant (hereafter Norwood) to obtain rezoning of a tract of land consisting of approximately 150 acres located at the southwest corner of the intersection of Colborn and Howard roads in an unincorporated portion of Jackson County, Missouri. The application was sought under the provisions of the Zoning Order of Jackson County, Missouri, adopted June 20, 1960, before the effective date of the present form of Charter government in the county. The land in question was zoned as a District D (agricultural), and Norwood sought rezoning of various portions thereof to Districts A (first dwelling house - single family dwelling), B (second dwelling - duplexes), C (multiple house - apartments), and F (general business). Under the Zoning order, and initial hearing on Norwood's application was had before the Jackson County Planning Commission on October 26, 1972, and that body made its unanimous finding and recommendation that the entire tract be rezoned for District A (first house-single family) use. Norwood filed its petition for review to the Jackson County Court, sitting as the Board of Zoning Adjustment, where the matter was considered on December 7, 1972, which body granted the rezoning of the various tracts to Districts A, B and C, but denied the requested rezoning to District F (general business). Thereupon, the respondents (hereafter objectors) sought and obtained review in the Circuit Court of Jackson County, Missouri where the matter was presented on August 7, 1974, and that court did on August 15, 1974 reverse the decision of the former Jackson County Court for the reason that its order granting rezoning ""is unsupported by competent and substantial evidence upon the whole record and is arbitrary and capricious."" From this judgment, Norwood appeals to this court.