Stewart E. Smith v. City Lee's Summit

This is a proceeding for writ of certiorari to review the action of the city council of the City of Lee's Summit, Missouri, sitting as a board of zoning adjustment, in granting a rezoning petition in the form of a special ten year use permit for the operation of a mobile home park in a recently annexed area of the city. The petition in the alternative sought a declaratory judgment and injunctive relief. After trial to the court without a jury, the court, pursuant to the writ of certiorari theretofore issued, affirmed the action of the city and denied the other relief prayed for. Such judgment has been duly appealed to this court. We shall refer to the parties as they appeared below. Plaintiffs contend that the trial court's affirmance of the zoning action of the city is erroneous because the rezoning ordinance was not properly passed due to a claimed conflict of interest of one of the council members; that the rezoning is invalid because of the lack of an overall plan for the entire recently annexed area and because it constitutes ""spot zoning"".