State ex rel. Chiavola v. Village of Oakwood

LOWENSTEIN, Judge.

This is the second time this court has been asked to render a decision on this ease. In Chiavola I, State ex rel. Chiavola v. Village of Oakwood, 886 S.W.2d 74 (Mo.App.1994), cert. denied — U.S. -, 115 S.Ct. 1724, 131 L.Ed.2d 582 (1995), this court determined that a small bedroom community’s single zoning practices (all residential) were facially constitutional, and that a comprehensive plan, required under § 89.040, RSMo. (1986) could be inferred from zoning ordinances and subsequent action by the communities without producing a separate written plan-. Chiavola I came to…