Whitaker v. City of Springfield

The City of Springfield (the “City”) appeals from a summary judgment entered in favor of Respondents (Plaintiffs) in their declaratory judgment suit. In that suit, Plaintiffs alleged that their rezoning request was improperly denied by the application of § 11.18 of the Springfield City Charter concerning protests to proposed zoning changes because it was inconsistent with § 89.060 1 and therefore violative of Art. VI, § 19(a) of the Missouri Constitution.

Prior to 1988, § 89.060 authorized a protest against a proposed zoning change by the owners of 10% or more of the land included in the area…