MO Appeals Court Finds Denial of Building Permit for Self-Storage Facility was Not Based on Substantial and Competent Evidence

This post was authored by Matthew Loeser, Esq.

Appellant CKC Holdings, L.L.C. applied for a special use permit to build a self-storage facility on approximately 30 acres of land in unincorporated Platte County. The Platte County Board of Zoning Adjustment (“BZA”) denied CKC’s application. CKC then petitioned the Circuit Court of Platte County for judicial review. The circuit court affirmed the BZA’s decision, and CKC appealed.

On appeal CKC argued that the BZA decision was not based on substantial and competent evidence and was against the weight of the evidence; that the BZA issued inadequate factual findings; and that one of the BZA’s members should have been disqualified due to bias. The court affirmed, but because a published opinion would have no precedential value, the court provided the parties an unpublished memorandum, setting forth the reasons for this order.

State v. Board of Zoning Adjustment of Platt County, 2019 WL 3416994 (MO App. 7/30/2019)