Missouri Court of Appeals, Southern District / Jul 1, 2019
EMERALD POINTE, LLC, Plaintiff-Appellant vs. TANEY COUNTY PLANNING COMMISSION, et al., Defendants-Respondents
Emerald Pointe, LLC, a developer, appealed the trial court's dismissal of its petition challenging a stop work order issued by the Taney County Planning Commission and upheld by the Board of Adjustment. The trial court dismissed the petition for failure to state a claim under section 64.870.2, reasoning that it did not explicitly mention the statute and sought injunctive and declaratory relief not contemplated by the statute. The appellate court reversed and remanded, holding that the petition met the statutory requirements for judicial review and that the inclusion of requests for injunctive and declaratory relief, while superfluous, did not negate the claim for judicial review.