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Missouri Court of Appeals, Eastern District, Division FiveFeb 10, 2004
No. ED 83197 (Mo. Ct. App. Feb. 10, 2004)

No. ED 83197

February 10, 2004

Appeal from the Circuit Court of Jefferson County, Honorable Gary P. Kramer.

Dennis J. Kehm, Jr., Hillsboro, Missouri, for Appellants.

Dennis H. Tesreau, Hillsboro, Missouri, for Respondents.

Before: Sherri B. Sullivan, C.J., George W. Draper III, J., and Booker T. Shaw, J.


This appeal centers upon the development of a portion of property located in Jefferson County. Charles F. Vatterott Construction Company, Inc. (hereinafter, "Developer") sought three variances from the subdivision regulations of Jefferson County, modifying the previously filed development plat. The Planning and Zoning Commission heard Developer's proposal on February 14, 2002, and it was denied. Developer appealed, and a hearing was held before the Jefferson County Commission (hereinafter, "the Commission"). The Commission affirmed the decision of the Planning and Zoning Commission on June 11, 2002. Developer filed a writ of certiorari with the trial court. On June 9, 2003, the trial court reversed the Commission and entered its judgment directing the variances be granted. This appeal follows.

We have reviewed the briefs of the parties and the record on appeal. An extended opinion would have no precedential value. The decision denying the variances was not arbitrary, capricious, unreasonable, unlawful, or ultra vires. State ex rel. Teefey v. Bd. of Zoning Adj. of Kansas City, 24 S.W.3d 681, 684 (Mo. banc 2000). We have, however, provided a memorandum opinion for the use of the parties only setting forth the reasons for our decision. We affirm the judgment pursuant to Rule 84.16(b).