Matthew v. Smith

707 S.W.2d 411 (Mo. 1986)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Brandts (D) own a tract of land comprising one and one-half plotted lots. When they purchased the property in March of 1980, there already were two houses on the land. Each of the buildings is occupied by one residential family as tenants. These circumstances have existed for the past thirty years, with only intermittent vacancies. The property is zoned for Single Family Residences. Brandts (D) applied for a variance that would allow them to rent both houses with a single family in each house. The Board (D) granted the application. P, a neighboring landowner challenged the grant of the variance and sought a petition for certiorari from the Board's (D) action. The circuit court affirmed the Board's (D) order; on appeal, the court of appeals held that the Board (D) was without authority to grant the requested variance. A dissenting judge certified the case to this Court.