Section 60 Standard of Review for Legislative Decisions

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

In judicial review of legislative acts, courts will uphold decisions that are reasonable or when the issue is "fairly debatable." J.R. Green Props., Inc. v. City of Bridgeton,825 S.W.2d 684, 686 (Mo. App. E.D. 1992). "The so-called 'debatable' rule means that, 'if there is substantial evidence both ways [i.e., substantial evidence of both reasonableness and unreasonableness], then the legislative conclusion is determinative.'" JGJ Props., LLC v. City of Ellisville, 303 S.W.3d 642, 648 n.5 (Mo. App. E.D. 2010) (quoting Elam v. City of St. Ann, 784 S.W.2d 330, 335 n.4 (Mo. App. E.D. 1990)).

A review of zoning change decisions involves two steps:

1. The court reviews the property owner's evidence to determine whether the owner has successfully rebutted the presumption that the continuation of the present zoning is reasonable.

2. The court reviews the government's evidence to determine whether it makes the continuance of the present zoning fairly debatable.

Despotis v. City of Sunset Hills, 619 S.W.2d 814, 820 (Mo. App. E.D. 1981); see also JGJ Props., 303 S.W.3d at 648.

The determination of whether the challenging party has presented sufficient...