Allan R. Hoffman v. City Town and Country

This is a declaratory judgment action in which plaintiffs, partners in Centre Park Forty Associates (CP40), challenge the
reasonableness of the residential zoning of their property located on the north outer road of Highway 40, in the defendant
city, Town and Country. The trial court found the residential zoning to be unconstitutionally unreasonable. Town and Country
appeals. We affirm. Scope of Review At the outset, the parties disagree about the scope of our review. Town and Country argues that we must review
de novo the evidence adduced at trial, and, in turn, it also contends that our review is not restricted by the standards of
appellate review established in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). CP40 contends that challenges to the validity
of zoning ordinances are to be reviewed de novo, but, in doing so, the appellate court must defer to the findings of the trial
court in factual issues, "especially those that were made with respect to conflicting testimony."