Wheeler v. City of Berkeley

WEIER, Judge.

The plaintiffs, Luther C. Wheeler and his wife Ann, filed suit to have Ordinance No. 1057 adopted on April 21, 1958, by the City of Berkeley, Missouri, declared invalid as it applies to their property. This action was commenced after the City of Berkeley failed to act on the plaintiffs’ request to change the zoning classification of the property from single-family dwelling to multiple-family dwelling.

The property involved is located at the southern edge of the City of Berkeley, off Carson Road. It is set back off the road some five hundred and seven feet and its access to the…