State Ex Rel. Schaefer v. Cleveland

SMITH, Judge.

Relator appeals from the action of the trial court in dismissing his petition for a writ of mandamus. We reverse and remand.

Because relator’s petition was dismissed for failure to state a cause of action we must consider as true all well pleaded facts. Davis v. Carmichael, 755 S.W.2d 679, l.c. 680 (Mo.App.1988). Relator alleged that he owns a parcel of real estate in the City of Kirkwood. The Subdivision ordinance of Kirkwood requires approval of a subdivision plat prior to development or sale of property. The approval process involves (1) initial approval by the Kirk-wood…