Section 7.21 Estoppel Against Local Governments Based on Building Permits

• Library: Local Government Deskbook (2017 Ed.)

D. (§7.21) Estoppel Against Local Governments Based on Building Permits

Missouri courts have held that the issuance of a building permit, alone, does not confer the right to erect buildings that are out of compliance with applicable ordinances. H.B. Deal & Co. v. Kuhlmann, 244 S.W.2d 390 (Mo. App. E.D. 1951); State ex rel. Oliver Cadillac Co. v. Christopher, 298 S.W. 720 (Mo. banc 1927). Local officials have no power to amend or repeal the ordinance by issuance of a permit allowing construction contrary to the standards set forth in the ordinance. State ex rel. Luechtefeld v. Arnold, 149 S.W.2d 384 (Mo. App. E.D. 1941); City of Maplewood v. Provost, 25 S.W.2d 142 (Mo. App. E.D. 1930).

In City of St. Ann v. Elam, 661 S.W.2d 632 (Mo. App. E.D. 1983), an optometrist obtained a permit to remodel his house and build a parking lot so that it could be used as both an office and a residence. The applicable zoning provisions did not permit use of the property for an optometrist’s office. The City...