Section 54 Legislative vs. Administrative Actions and Judicial Review

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

As an initial matter, the applicant must identify the objective and the applicable review procedure, whether legislative, administrative, or quasi-judicial. Zoning decisions may be legislative or administrative in nature. For example, adoption of a zoning code is a legislative act entitled to presumptive validity. See, e.g., State ex rel. Helujon, Ltd. v. Jefferson Cnty., 964 S.W.2d 531 (Mo. App. E.D. 1998) (approval of PUD (planned unit development) classifications are treated as rezoning, requiring a legislative standard of review); Wells & Highway 21 Corp. v. Yates, 897 S.W.2d 56 (Mo. App. E.D. 1995) (zoning ordinances are legislative acts, so challenges...