State ex rel. Better Built Homes & Mortgage Co. v. McKelvey

• Citation: 256 S.W. 495,301 Mo. 130
• Parties: THE STATE ex rel. BETTER BUILT HOMES & MORTGAGE CO. v. JAMES N. McKELVEY, Director of Public Safety of City of St. Louis
• Decision Date: 20 November 1923
• Court: United States State Supreme Court of Missouri

256 S.W. 495

301 Mo. 130

THE STATE ex rel. BETTER BUILT HOMES & MORTGAGE CO. v. JAMES N. McKELVEY, Director of Public Safety of City of St. Louis

Supreme Court of Missouri

November 20, 1923

Peremptory writ awarded.

Conway Elder and Leahy, Saunders & Walther for relator.

George F. Haid and Oliver Senti for respondents.

Atkinson, Rombauer & Hill, Amici Curiae.

Walker, J. Woodson, C. J., and David E. Blair, J., concur; Graves, J., concurs in the result; James T. Blair, Ragland, and White, JJ., dissent for reasons expressed by White, J., in Penrose Case, 301 Mo. 1; Graves, J., concurs in separate opinion.

OPINION

WALKER

This case, as in City of St. Louis v. Evraiff et al. and State ex rel. Penrose Investment Co. v. McKelvey, Building Commissioner, involves the question as to the validity of Ordinance No. 30199 of the city of St. Louis, designated as the Zoning Ordinance. In those cases we held the ordinance to be invalid as not constituting an authorized exercise of the police power. The issue here being the same as in those cases a like conclusion must follow.

Our peremptory writ should therefore issue and it is so ordered. Woodson, C. J., and David E. Blair, J., concur; Graves, J., concurs in the result; James T. Blair, Ragland, and White, JJ., dissent for reasons expressed by White, J., in Penrose Case, 301 Mo. 1; Graves, J., concurs in separate opinion.

CONCUR BY: GRAVES

GRAVES, J. (concurring).

In this case I concur in the result of the opinion, but base this limited concurrence upon the grounds stated in my separate concurring opinion in State ex rel. Penrose Investment Company v. McKelvey, 301 Mo. 1.