89.100. Board of adjustment — appeals, procedure. — Appeals to the board of adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in section 32.105 representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
Notes of Decisions
State Ex Rel. J. S. Alberici, Inc. v. City of Fenton, 576 S.W.2d 574 (Mo. Ct. App. 1979).
· cites it 6× “The crucial question remaining for decision is whether the respondent’s failure to appeal the denial of the building permit for the proposed trash transfer station to the Board of Adjustment of the City pursuant to § 89.100 RSMo.1969 and Ordinance No. 87 of the City requires…”
Babb v. Missouri Pub. Serv. Comm'n, 414 S.W.3d 64 (Mo. Ct. App. 2013).
· cites it 4× “For example, section 89.100 describes the categories of those eligible to take an appeal to a board of adjustment.”
Ass'n for Educ. Dev. v. Hayward, 533 S.W.2d 579 (Mo. 1976).
· cites it 3× “Intervenors objected to the issuance of the occupancy permit on the ground that the use to which the property was to be put was not within the uses permitted in R-3 single-family district by filing an appeal with the board of ad^ justment pursuant to section 89.100, RSMo 1969,…”
Platte Woods United Methodist Church v. City of Platte Woods, 935 S.W.2d 735 (Mo. Ct. App. 1996).
· cites it 5× “The trial court sustained the motion finding that the ordinances of the City of Platte Woods do not authorize the Board of Zoning Adjustment to review the decision of the Board of Aldermen.”
Rosedale-Skinker Improvement Ass'n v. Bd. of Adjustment, 425 S.W.2d 929 (Mo. 1968).
· cites it 2× “Section 89.100 and § 916.040 provide that when the building commissioner is notified of an appeal from his decision he shall transmit to the Board all papers filed with him and the appeal stays all proceedings in furtherance of the action appealed from unless the stay is vacated…”
Lee v. Osage Ridge Winery, 727 S.W.2d 218 (Mo. Ct. App. 1987).
· cites it 2× “The applicable ordinance (§ 89.100, RSMo) empowered the Board of Zoning Adjustment “[t]o hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of [the] Ordinance.”
Ackerman v. City of Creve Coeur, 553 S.W.2d 490 (Mo. Ct. App. 1977).
· cites it 2× “Pertinent portions of this chapter relating to a Board of Adjustment are included in the Creve Coeur Comprehensive Zoning Ordinance, Article 21, and provide for an appeal from the decision of the Planning and Zoning Commission to the Board of Adjustment, § 89.100 and Section…”
Himmel v. Leimkuehler, 329 S.W.2d 264 (Mo. Ct. App. 1959).
· cites it 3× “Louis which follows the provisions of Section 89.100 RSMo 1949, V.A.M.S.: “C. Appeals.”
Longview of St. Joseph, Inc. v. City of St. Joseph, 918 S.W.2d 364 (Mo. Ct. App. 1996).
· cites it 4× “Joseph responds that Longview could have challenged the classification by appealing to the board of adjustment pursuant to § 89.100, RSMo 1994, 4 and § 26-520 5 of the city’s code.”
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