E. Alleen Hutchens v. St. Louis County

Petitioner, E. Alleen Hutchens (petitioner), appeals from a final judgment of the circuit court that affirmed the decision
of the St. Louis County Board of Zoning Adjustment (Board) denying her petition for a setback variance. The judgment of the
circuit court is affirmed. We review the findings and Conclusions of the Board, rather than that of the circuit court. Village of Westwood v. Board
of Adjustment of the Municipality of Creve Coeur, 811 S.W.2d 437, 440 (Mo. App. 1991). We limit our inquiry "to a determination
whether the Board's action is supported by competent and substantial evidence upon the whole record or whether it is arbitrary,
capricious, unreasonable, unlawful, or in excess of its jurisdiction." Rice v. Board of Adjustment of the Village of Bel-Ridge,
804 S.W.2d 821, 822 (Mo. App. 1991) (quoting Cunningham v. Board of Aldermen of the City of Overland, 691 S.W.2d 464, 466
(Mo. App. 1985)). Only where the Board exceeds its authority should the court on review hold the Board's ruling to be illegal
and void. See Wehrle v. Cassor, 708 S.W.2d 788, 791 (Mo. App. 1986).