Missouri Revised Statutes

Mo. Rev. Stat. § 89.380 (2026)

Planning commission to approve improvements

✓ current as of May 2026
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  89.380.  Planning commission to approve improvements — commission disapproval, overruled, how. — Whenever the commission adopts the plan of the municipality or any part thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the municipality until the location, extent and character thereof has been submitted to and approved by the planning commission.  In case of disapproval the commission shall communicate its reasons to the council, and the council, by vote of not less than two-thirds of its entire membership, may overrule the disapproval and, upon the overruling, the council or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the council, then the submission to the planning commission shall be by the board having jurisdiction, and the planning commission's disapproval may be overruled by that board by a vote of not less than two-thirds of its entire membership.  The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled.  The failure of the commission to act within sixty days after the date of official submission to it shall be deemed approval.

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(L. 1963 p. 146 § 9)

(2005) Section covers all boards acquiring property and buildings in certain cities, including school boards.  Board of Education v. City of Springfield, 174 S.W.3d 653 (Mo.App.S.D.).

Notes of Decisions
Cited in 2 cases, 2005–2012 · leading case: Bd. of Educ. of Sch. Dist. Springfield, R-12 v. City of Sprin., 174 S.W.3d 653 (Mo. Ct. App. 2005).
Bd. of Educ. of Sch. Dist. Springfield, R-12 v. City of Sprin., 174 S.W.3d 653 (Mo. Ct. App. 2005). · cites it 46× “City of Springfield, Missouri (“City”) appeals from summary judgment in favor of the Board of Education of the School District of Springfield, R-12 (“School Board”) and Greene County, Missouri (“County”) regarding the application of § 89.380, RSMo 2000, to public facilities of…”
Engelage v. City of Warrenton, 378 S.W.3d 410 (Mo. Ct. App. 2012). · cites it 12× “The city, on the other hand, claimed that the state statute authorizing the city to engage in zoning and planning, Section 89.380, gave it the right to regulate both the school district and the county.”
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