Missouri Court of Appeals, Southern District / Apr 8, 2021
EMERALD POINTE, LLC, Plaintiff-Appellant vs. TANEY COUNTY PLANNING COMMISSION and TANEY COUNTY BOARD OF ADJUSTMENT, Defendants-Respondents
Emerald Pointe, LLC, a developer, appealed a stop work order issued by the Taney County Planning Commission for Phase 12 of its subdivision. The Commission insisted that Emerald Pointe comply with road grading requirements of the Subdivision Regulations and Road Standards, which Emerald Pointe contended did not apply to its private streets. The circuit court affirmed the Board of Adjustment's decision denying Emerald Pointe's appeal. The appellate court reversed, holding that the Road Standards' grading requirements do not apply to the private streets in Phase 12, as the regulations differentiate between public and private roads.