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State ex rel. Chiavola v. Village of Oakwood

Missouri Court of Appeals

886 S.W.2d 74 (1994)

Facts

The Village of Oakwood was a small Kansas City suburb consisting of a community of 80 single-family dwellings. Chiavola purchased a house on a six-acre lot in Oakwood. Chiavola sought to rezone most of the lot for commercial use and filed a rezoning petition with Oakwood’s zoning commission. The commission denied Chiavola’s petition based on Ordinance No. 10, which allowed only single-family residential usage in Oakwood. Ordinance No. 10 was Oakwood’s only ordinance, and it was enacted in 1955 to preserve Oakwood as a residential district. Chiavola filed a complaint in district court and argued that Ordinance No. 10 was unconstitutional facially and as applied to Chiavola and invalid because the municipality did not adopt a comprehensive plan and granted summary judgment for Chiavola. Oakwood appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lowenstein, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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