Conner v. Herd, 32865
| Decision Date | 14 June 1968 |
| Docket Number | No. 32865,32865 |
| Court | Missouri Court of Appeals |
| Parties | Alfred R. CONNER and Marie D. Conner, his wife, Plaintiffs-Appellants, v. James HERD, Robert Burns and Carl Breihan, as Members of the St. Louis County Board of Zoning Adjustment; Donald E. Mueller, as Public Works Director and Zoning Enforcement Officer of St. Louis County; Moline Fire Protection District, a Corporation; and Victor Wolfsberger, Donald Weber and Roy Gastorf, as Members of the Board of Directors of said Moline Fire Protection District, Defendants-Respondents |
Cook, Murphy, Lance & Mayer, St. Louis, for plaintiffs-appellants.
Joseph B. Moore, County Counselor, Thomas W. Wehrle, Deputy County Counselor, Harvey J. Schramm, Asst. County Counselor, T. Douglas Moore, Clayton, for defendants-respondents.
BRADY, Commissioner.
The St. Louis County Board of Zoning Adjustment, hereinafter referred to as the 'board', granted defendant Moline Fire Protection District, which we will hereinafter refer to as the 'district', permission to set its new fire station 62 feet back from the center line of Chambers Road and 28 feet back from the line determined by Clairmont Drive instead of the 80 feet and 30 feet, respectively, provided for such location absent the board's action. Plaintiffs are owners of an improved lot adjoining the fire station lot and bring this action seeking by certiorari to test the validity of the board's order and, by separate count, injunctive relief. The trial court affirmed the action of the board.
It is our duty to determine jurisdiction and we do so sua sponte in the event that issue is not raised by the parties. We do not reach the merits of the issues here involved for the reason the district is stated by statute to constitute a political subdivision of this state. Section 321.010, RSMo 1959, V.A.M.S. (Laws of Missouri, 1965, p. 509 § 1) so defines a 'fire protection district'. Section 321.100, RSMo 1959, V.A.M.S. (see Laws of Missouri, 1947, V. 1, p. 432, § 11; compare Laws of Missouri, 1943, p. 853, § 3 and Laws of Missouri, 1941, p. 505, § 3) specifically states that upon compliance with the prerequisites set forth in the section a fire protection district '* * * shall be a political subdivision of the state of Missouri * * *.' In addition, it should be noted that many of the powers given to the governing body of the fire protection district as enumerated in Section 321.220, Laws of Missouri, 1965, p. 509, § 1, are legislative in nature. This is particularly true of the powers enumerated in Subsection (12) of Section 321.220, supra.
The original act providing for incorporation of fire districts in first class counties has been held to be constitutional against the...
To continue reading
Request your trial
-
Lincoln County Memorial Hospital v. Missouri State Bd. of Mediation
...Stone, 393 S.W.2d 201, 204 (Mo.App.1965); Engel Sheet Metal Equipment, Inc. v. Shewman, 298 S.W.2d 434, 435 (Mo.1957); Conner v. Herd, 429 S.W.2d 333, 334 (Mo.App.1968); P. I. C. Leasing, Inc. v. Roy A. Scheperle Construction Co., Inc., 489 S.W.2d 219 The question of whether an appeal lies ......
-
Conner v. Herd, 33630
...which transferred the cause to the Supreme Court on the basis that a political subdivision of the state, Moline, was a party. Mo.App., 429 S.W.2d 333. The matter was retransferred here by the Supreme Court upon a determination that Moline was not a subdivision of the state for purposes of j......
-
Conner v. Herd
...by reason of the fact that one of the defendants-respondents is the Moline Fire Protection District, a corporation. Conner v. Herd, Mo.App., 429 S.W.2d 333. The judicial article of our constitution vests exclusive appellate jurisdiction in this court 'in all civil cases where the state or a......