Administrative Law

Daniel R.E. Jordan, Esquire

Permit was ministerial.  Curry Investment Company v. The Board of Zoning Adjustment of Kansas City, Missouri, No. 75479 (Mo. App. W.D., May 7, 2013), Welsh, C.J.

Applicant for permit met all qualifications of law.  Board of Zoning Adjustment decided to issue permit for conforming use, subject to conditions requiring an end to other non-conforming but lawful uses.  On appeal from circuit court’s decision, the court of appeals ruling rather than that of the circuit court. 

Held: Affirmed. 
Issuance of permit was a ministerial act and conditions unrelated to permit were unreasonable.