Logourl black
From our private database of 14,100+ case briefs...

Matthew v. Smith

Supreme Court of Missouri
707 S.W.2d 411 (1986)


Facts

In 1980, Jim and Susan Brandt (defendants) purchased a single residential lot containing two separate houses located on a tract of land zoned for a single-family use. Each of the houses was already rented by one residential family. This is how the two houses had been used for the past 30 years, with only intermittent vacancies. The Brandts applied for a variance from the Board of Zoning Adjustment (Board) (defendant) to let the Brandts continue renting both houses. The Board granted the variance. Jon Matthew (plaintiff), a neighboring landowner, sued to challenge the variance. The trial court affirmed the Board’s order. Matthew appealed. The appellate court reversed and held that the Board did not have authority to grant the variance. The case was then certified to the Missouri Supreme Court by a dissenting judge.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Welliver, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Concurrence (Blackmar, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion.

To access this section, please start your free trial or log in.

Concurrence (Robertson, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 218,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.