Legal Opinion

Wolfner v. Board of Adjustment

Missouri Court of Appeals

Decided March 6, 2001No. ED 77925PublishedCited by 2 opinions

1Opinion of the Court

CLIFFORD H. AHRENS, Presiding Judge.

The Board of Adjustment of the City of Warson Woods (“the board”) appeals the judgment of the trial court reversing a denial of an application for a variance. We reverse and remand.

In 1939, Willard Trower (“Trower”) purchased a home at 1659 Dearborn. In 1941, the current zoning ordinances requiring lots to be 8,750 square feet in area and 70 feet wide were adopted by the City of Warson Woods, then the City of Royal Oak. Even though Trower’s home did not meet the zoning requirements, he had a lawful nonconforming use because his home was built prior to the…

2Cases cited7 opinions

  1. State Ex Rel. State Tax Commission v. LutenSupreme Court of Missouri · 1970
  2. State Ex Rel. Henze v. WetzelMissouri Court of Appeals · 1988
  3. State ex rel. Nance v. Board of TrusteesMissouri Court of Appeals · 1998
  4. Williamsburg Truck Plaza v. MuriMissouri Court of Appeals · 1993
  5. State ex rel. Wrenn v. Board of Zoning AdjustmentMissouri Court of Appeals · 1996

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. HHC Medical Group, P.C. v. City of Creve Coeur Board of AdjustmentMissouri Court of Appeals · 2003
  2. Wolfner v. Bd. of Adj. City of Warson WoodsMissouri Court of Appeals · 2003

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