(Download) "State Missouri at Relation Green's Bottom" by Missouri Court of Appeals St. Louis District # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri at Relation Green's Bottom
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 05, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Weier, J. Green's Bottom Sportsmen, Inc., built a gun club facility in an area zoned F-P (Flood Plain District) in St. Charles County after obtaining land use and building permits from the St. Charles Zoning Commissioner. After shooting began in October 1974, nearby homeowners brought an appeal to the St. Charles County Board of Zoning Adjustment requesting revocation of the permits on the basis that a gun club is not a permissible use in the Flood Plain District. The board held a public hearing and revoked the permits. Green's Bottom Sportsmen, Inc., filed a ""Petition for Review and Writ of Certiorari"" in the St. Charles Circuit Court claiming the board's action was erroneous and illegal. Seventy-three persons owning a total of forty-five separate pieces of property intervened. Their answer asserted the board's decision was proper. They also requested an injunction against the gun club as a nuisance. After trial the court found: (1) that a gun club is not a permissible use in an F-P District, the permits issued to the club were invalid and the board had jurisdiction to deny such use; and (2) that regardless of whether the use was permissible or not in the F-P District, the noise from the shooting constituted an actionable nuisance. The court upheld the actions of the board and enjoined the operation of the gun club. Petitioner Green's Bottom Sportsmen, Inc., appeals. We affirm on the zoning issue and therefore do not discuss the issue of nuisance.
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