Missouri Court of Appeals, Eastern District / Nov 3, 2020
State ex rel. Martin C. Heck, Jr. and Victoria Heck d/b/a Pacific Mobile Manor, Respondents, vs. City of Pacific and City of Pacific Board of Zoning Adjustment, Appellants.
The City of Pacific and its Board of Zoning Adjustment appealed the circuit court's judgment, which had reversed the Board's decision concerning the Hecks' manufactured home park. The Hecks operated the park as a non-conforming use, but after a flood, the City denied occupancy permits for damaged homes, asserting repairs would exceed 50% of their value, thus terminating the non-conforming status under city ordinances. The appellate court reversed the circuit court, finding the Board's decision was authorized by law and supported by competent evidence for nine of the ten homes, but not for one specific home. The case was remanded to the circuit court with instructions to enter a mixed judgment and order further proceedings for the single manufactured home.