Missouri Court of Appeals, Eastern District / Sep 15, 2020
State ex rel. Darin Gilley and Karen Dean, Appellants, vs. County Commission of Franklin County, Respondent, and Landvatter Enterprises, LLC, Intervenor/Respondent.
Darin Gilley and Karen Dean appealed the circuit court's judgment, which affirmed the Franklin County Commission's decision to rezone 12.68 acres of Landvatter Enterprises, LLC's property from Community Development to Commercial Activity 3. Landvatter sought the rezoning to operate a concrete batch plant. Appellants argued the rezoning constituted impermissible spot zoning, violated Equal Protection and Due Process Clauses, and that the Commission abdicated its authority. The appellate court affirmed the Commission's decision, finding the rezoning was fairly debatable and not unconstitutional or an abdication of authority.