State ex rel. Stewart v. King

WASSERSTROM, Judge.

The question for determination is whether an amendment to the Independence Zoning Ordinance proposed by relator Stewart was adopted by the requisite majority of the Independence City Council. The respondent mayor declared to the contrary, and Stewart applied to the Circuit Court for a writ of mandamus commanding the mayor to declare the ordinance passed. The Circuit Court issued its alternative writ of mandamus but after hearing the case on stipulation of facts and briefs, it quashed the alternative writ. From that ruling, Stewart pursues this appeal.

Stewart owns certain…