Section 62 Standing

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

To confer standing, the challenged zoning decision must affect the interest of the person claiming standing more distinctly and directly than the public generally. Lenette Realty & Inv. Co. v. City of Chesterfield, 35 S.W.3d 399, 405 (Mo. App. E.D. 2000). Standing to challenge the validity of an ordinance or seek review of an administrative decision affecting property rights will be conferred on an "adjoining, confronting or nearby" property owner without further proof of special damage. Allen v. Coffel, 488 S.W.2d 671, 675 (Mo. App. W.D. 1972). But "adjoining, confronting or nearby property owners" must show that their "interests have been affected adversely more distinctly and directly than the general public's interest." Miller v. City of Arnold, 254 S.W.3d 249, 254 (Mo. App. E.D. 2008) (affidavit of nearby property owner that he believed rezoning would increase traffic and decrease value of property was specious and did not state material facts...