City of Springfield v. Goff

• Decision Date: 26 March 1996
• Docket Number: No. 78350,78350
• Citation: 918 S.W.2d 786
• Parties: CITY OF SPRINGFIELD, Missouri, Appellant, v. Lon and Debora GOFF, Respondents, and Dorothy and Genevieve Haydon, Intervenors-Respondents.
• Court: Missouri Supreme Court

Page 786

918 S.W.2d 786

CITY OF SPRINGFIELD, Missouri, Appellant, v. Lon and Debora GOFF, Respondents and Dorothy and Genevieve Haydon, Intervenors-Respondents.

No. 78350.

Supreme Court of Missouri En Banc.

March 26, 1996.

Rehearing Denied April 23, 1996.

Appeal from the Circuit Court of Greene County; Honorable David P. Anderson, Judge.

Nancy Yendes, Assistant City Attorney, Springfield, for Appellant.

James A. Burt, Springfield, for Respondents.

ROBERTSON, Judge.

Section 89.060, RSMo 1994, permits thirty percent of the landowners affected by a zoning change to file a petition protesting the change to the legislative body of a municipality. In that event, the zoning ordinance does not take effect unless two-thirds of the members of the municipality's legislative body vote in favor of the change. The City of Springfield, Missouri, a charter city, adopted charter section 11.18. The charter provision recognizes as valid a protest petition signed by ten percent of the affected landowners and requires that three-quarters of the members of the Springfield city council vote in favor of a change to override the protest petition. This case presents two issues: First, whether section 89.060 violates article VI, section 22 of the Missouri Constitution. Second, whether Springfield's ordinance is valid given the constitutional requirement that charter cities may exercise only such powers as are "not limited or denied ... by statute...." Mo. Const. art. VI, § 19(a).

The trial court found that the ordinance conflicted with section 89.060 and, thereby, violated section 19(a). Springfield appealed. We have jurisdiction. Art. V, § 3. The judgment of the trial court is affirmed.

I.

The parties stipulate the relevant facts.

Respondents Dorothy and Genevieve Haydon asked the City to rezone a parcel of land to permit a bed and breakfast in an area previously zoned for single family residences. More than ten percent, but less than thirty percent, of the affected landowners opposed the zoning change and filed a petition with the city council before the council considered the zoning change request. When the zoning change did not receive a three-quarter's majority, the council declared that the request for a change in zoning failed.

Respondents Lon and Debora Goff sought a change in zoning to permit a small motel in place of the car wash or self-service storage units previously approved. Affected landowners filed a timely protest petition with the city council, which met the requirements of charter section 11.18, but not section 89.060. The council received the petition and voted 5-3 in favor of the change. Because the zoning change did not receive the three-quarter's majority required by section 11.18 following the filing of a protest, the council declared the zoning-change request defeated.

Springfield filed a declaratory judgment action against the Goffs, seeking a declaration of the validity of section 11.18. The Goffs filed a motion for summary judgment. The trial court permitted the Haydons to intervene as defendants and entered judgment in favor of the Goffs and Haydons. The trial court's order declared that section 11.18 of the Springfield charter conflicted with section 89.060 in violation of article VI, section 19(a). Springfield appealed.

II.

Section 89.060, RSMo 1994, relates to changes in zoning regulations and provides:

Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of all the members of the legislative body of such municipality....

(Emphasis added.) Prior to 1988, section 89.060 required only ten percent of the affected landowners to sign a protest petition and required a three-quarter's vote of the members of the municipal legislative body to override the protest. See § 89.060, RSMo 1986. Until 1988, Springfield, had no independent charter provision concerning zoning protest petitions. Instead, its charter reflected the language and requirements of section 89.060.

Following the 1988 amendments, Springfield initially adopted zoning protest petition requirements identical to those contained in the new section 89.060. However, on April 4, 1989, Springfield's voters approved an amendment to the city's charter, adopting section 11.18, which restored the right of ten percent of affected landowners to file a valid protest against a proposed zoning change, and required a three-quarter's majority of the city council to override a valid protest petition and to approve a zoning change. Section 11.18 provides:

Notwithstanding any other law to the contrary, whenever a valid protest petition is filed in opposition to the rezoning of land, the zoning change shall not become effective except by the favorable vote of three fourths of all the members of the City Council. In order for a protest petition to be valid against the change, it shall be duly signed and acknowledged by the owners of ten percent or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred and eighty-five feet distant from the boundaries of the land proposed to be changed. In the event it is determined that this provision is invalid, then the city council shall have the authority to determine the percentage for a protest petition and to require more than a simple majority of the full council to rezone property when a valid protest petition is filed in opposition to the rezoning.

(Emphasis added.)

A.

Springfield first urges that section 89.060 violates article VI, section 22. That constitutional provision states: "No law shall be enacted creating or fixing the powers, duties or compensation of any municipal office or employment for any city ... adopting its own charter...." Springfield argues that any attempt by the legislature to establish procedures that cities must follow to effect zoning changes is "an attempt to define the powers of municipal officers."

In State ex rel. Sprague v. City of St. Joseph, 549 S.W.2d 873, 879 (Mo. banc 1977), this Court struck down a statute, section 341.040, RSMo 1969, as applied to charter cities, that purported to create a board of plumbers, impose board duties upon the city's chairman of the board of health, require the mayor to name and the council to approve two members of the board, set terms and compensation for board members, prescribe duties of board members, and create the office of plumbing inspector. Sprague, 549 S.W.2d at 875. The Court determined that the provisions of the statute created and fixed the powers, duties and compensation of the municipal offices of plumbing examiner and plumbing inspector and that article VI, section 22, prohibited the General Assembly from applying that statute to charter cities.

In State ex rel. Burke v. Cervantes, 423 S.W.2d 791 (Mo. banc 1968), the Court considered the validity of statutes that purported to require the mayor of St. Louis, a charter city, to assume the additional duty of appointing a firemen's arbitration board. The Court found that both statutes, as applied to constitutional charter cities, were unconstitutional and void because they imposed duties upon a municipal officer and created a...