MO Appeals Court Reverses Grant of Summary Judgment to County in Challenge to “Nightly Rental” Zoning Ordinance

This post was authored by Matthew Loeser, Esq.

In 2012, the Taney County prosecutor filed Class-A misdemeanor criminal charges against the Smiths, alleging that they had violated the Taney County Development Guidance Code by operating a “nightly rental” without acquiring the proper special use permit. The Regulation at issue made the lease of a home for a term less than 30 days different from an ordinary residential use, requiring a “Division III ‘Special Use’ permit” from the Taney County Planning Commission. The Smiths filed a two-count declaratory judgment action challenging the validity of the Code and the Amendment. The trial court granted the County’s motion for summary judgment, and the Smiths appealed.

On appeal, the court held the County’s motion for summary judgment did not establish a prima facie case for a defending party because it ignored the pleaded bases for relief in the two counts of the Smiths’ petition. In the County’s opposition, the court found there was a complete absence of any uncontroverted material facts showing that the County: satisfied the requirements for adopting a master plan, such as holding public hearings and providing sufficient public notice; complied with § 51.120 by keeping an accurate record of the Commission’s orders, rules and proceedings; or kept minutes, as required by § 610.015 and § 64.875, showing each commissioner’s “yea” or “nay” votes and whether there was a favorable vote of two-thirds of all Commission members.

The County argued that evidentiary presumption in favor of its Ordinance meant the mere exhibition of the Code and Amendment was sufficient to defeat all pleaded theories of recovery in the Smiths’ petition. Here, however, a review of the Code and Amendment shed no light whatsoever on whether proper statutory procedures were followed in the enactment of either of them. Accordingly, the trial court’s grant of summary judgment to the County was reversed and remanded.

Smith v Taney County, 2018 WL 2753055 (MO App. 6/18/2018)