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By stan_sipple

Missouri Supreme Court denies property owners declaratory judgment petition to review Lafayette County's adverse zoning decision regarding their land because they should seek review to the Circuit Court by a writ of certiorari. Maurice Gash and Nancy Gash, Appellants/Respondents v. Lafayette County and Lafayette County Commission, Respondents/Appellants. : SC88437 The plaintiff's legal remedy in this case is through a writ of certiorari, therefore the circuit court lacked jurisdiction to enter a declaratory judgment for the plaintiff property owners. Sections 64.800 through 64.900 specifically reference fourth-class counties such as Lafayette . Ssection 64.870.2 states that any landowners aggrieved by "any" decision of the county commission may petition the circuit court through a writ of certiorari. This remedy applies to county commission decisions made pursuant to sections 64.845 through 64.880, including the adoption and amendment of zoning ordinances. The fact that the legislature has provided a specific remedy for a county's zoning actions precludes the Gashes' use of declaratory judgment. It also promotes efficiency within the judicial system, because if the nature of the action determined the remedy available, courts would be asked to evaluate every type of land-use planning decision as either legislative, permitting declaratory judgment actions, or quasi-judicial, permitting writ actions.

Full post as published by Showmeblawgs on March 02, 2008 (boomark / email).