Missouri Court of Appeals, Western District / Date unavailable
Weatherby Lake Improvement Company, INC vs. City of Weatherby Lake Board of Zoning Adjustment
Weatherby Lake Improvement Company (WLIC) appealed the denial of its non-use variance application by the City of Weatherby Lake Board of Zoning Adjustment (BZA), which had been affirmed by the circuit court. WLIC sought a variance from a fifty-foot setback to six feet for a property near a dam, citing concerns about disturbing an impervious core. The appellate court reversed the BZA's decision and the circuit court's judgment, holding that the BZA's decision lacked competent and substantial evidence because the applicable municipal ordinances were not introduced into evidence at the administrative hearing. The reversal was without prejudice to WLIC's right to file a new application.