Section 6.35 Declaratory Judgment

• Library: Local Government Deskbook (2017 Ed.)

C. (§6.35) Declaratory Judgment

The declaratory judgment action is that most often used to challenge the validity of zoning amendments or subdivision ordinances. Section 527.010, RSMo 2016. Any person aggrieved by the grant or denial of a petition for zoning amendment may seek redress in this fashion. There are no strict time limits on the filing of such an action after the action taken by the legislative body except for the statutes of limitation and concern over the possibility of laches. But as a practical matter, those challenging a proposed development should seek relief promptly, lest the developer acquire “vested rights” in the project by virtue of substantial expenditure, even if the challenges are ultimately successful.

An issue that frequently arises in these actions is standing. The test is whether the appealing party has a “legally cognizable interest” that will be “directly and substantially affected” by the decision of the governing body. Palmer v. St. Louis Cnty., 591 S.W.2d 39, 41 (Mo. App. E.D. 1979). Merely being a resident of the jurisdiction is insufficient. City of Eureka v. Litz, 658 S.W.2d 519 (Mo. App. E.D. 1983). Rather, a more direct financial or aesthetic damage to the challenger’s property must be alleged. Palmer, 591 S.W.2d 39. Likewise, an alleged competitive disadvantage will not confer standing. Westborough Mall, Inc. v. City of Cape Girardeau, Mo., 693 F.2d 733 (8^th Cir. 1982).

In Lee v. Osage Ridge Winery, 727 S.W.2d 218 (Mo. App. E.D. 1987), the court held that adjacent landowners who suffer “special injury” or damage have standing to bring an action for declaratory relief and...