Missouri Court of Appeals, Eastern District / Dec 14, 2021
PMS 4583 LLC, Appellant, vs. City of New Melle, Respondent.
PMS 4583 LLC appealed the circuit court's dismissal of its declaratory-judgment claim against the City of New Melle, which arose from the City's Board of Aldermen denying a rezoning application. The circuit court had dismissed the claim, finding that a declaratory judgment was unavailable for judicial review of administrative zoning actions and that a writ of certiorari under Section 89.110 was required. The appellate court reversed, holding that the Board of Aldermen's decision was a legislative act, not an administrative one, and therefore Section 89.110 did not apply, making a declaratory judgment under Section 536.150 the proper avenue for review. The case was remanded for further proceedings.