(Download) "Margaret M. Huttig and Charles M. Huttig" by Supreme Court of Missouri Division 2 * eBook PDF Kindle ePub Free

July 06, 2021

eBook details

Title: Margaret M. Huttig and Charles M. Huttig
Author : Supreme Court of Missouri Division 2
Release Date : January 11, 1963
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

This is a declaratory judgment suit in which plaintiff, as owners of a tract in Richmond Heights, sought to have the Court declare the City's general zoning ordinance No. 1685 invalid as to their tract because it was allegedly unreasonable, arbitrary and confiscatory as so applied. The trial court decided for the defendants; the individual defendants are city officials. The three last named respondents who intervened and later became defendants, are Trustees of an adjoining residential subdivision. Plaintiffs have raised various constitutional questions; these contentions, in all probability, do not involve constructions of our own or of the Federal Constitution, but merely require applications of the constitutional provisions in question to the zoning ordinance under the particular facts. Wrigley Properties, Inc. v. City of Ladue, Mo., 369 S.W.2d 397. However, we do have jurisdiction because of the amount in dispute, as shown by substantial evidence. Plaintiffs are the owners of the strip of land in question which lies along the south side of Clayton Road in Richmond Heights; it is presently zoned for Class ""A,"" single family residences, and plaintiffs have sought a ""G"" commercial zoning; its east end is approximately 200 feet from the southwest corner (rounded) of the intersection of Clayton Road with Hanley Road. This tract is 532.33 feet long on its Clayton Road frontage, 414.64 feet long in the rear, and 130.06 feet deep; its easterly line extends 177.75 feet at an acute angle from its longer frontage on Clayton to the east end of its shorter rear line. The tract is vacant except for trees and shrubs. There is a stone wall perhaps 3 or 4 feet high along its front property line. This tract abuts the rear of Lots 1, 2, 3, 4, 5 and 6 in Lake Forest, a residential subdivision, upon which lots four rather large residences have stood for a considerable time. From the east end of plaintiffs' property a strip of land 20 feet wide extends along Clayton Road east to its intersection with Hanley Road; this was originally a part of Lot 1, Lake Forest; it was conveyed by the Trustees to Charles M. Huttig in 1939, and it is not involved in the present application for a rezoning. It lies between the remainder of Lot 1 and Clayton Road, and is wholly unoccupied.