State Ex Rel. Better Built Homes & Mortgage Co. v. McKelvey

Supreme Court of Missouri
State Ex Rel. Better Built Homes & Mortgage Co. v. McKelvey, 256 S.W. 495 (Mo. 1923)
301 Mo. 130; 1923 Mo. LEXIS 119
Blair, David, Graves, James, Ragland, Walker, Woodson

State Ex Rel. Better Built Homes & Mortgage Co. v. McKelvey

Opinion of the Court

*131 WALKER, J.

This case, as in City of St. Louis v. Evraiff et al. and State ex rel. Penrose Investment Co. v. McKelvey, Building Commissioner, involves the question as to the validity of Ordinance No. 30199 of the city of St. Louis, designated as the Zoning Ordinance. In those cases we held the ordinance to he invalid as not constituting an authorized exercise of the police power. The issue here being the same as in those cases a like conclusion must follow.

Our peremptory writ should therefore issue and it is so ordered.

Woodson, G. J., and David E. Blair, J., concur; Graves, J., concurs in the result; James T. Blair, Ragland, and White, JJ., dissent for reasons expressed by White, J., in Penrose Case, 301 Mo. 1; Graves, J., concurs in separate opinion.

Concurring Opinion

GRAVES, J.

(concurring). — In this case I concur in the result, of the opinion, but base this limited concurrence upon the grounds stated in my separate concurring opinion in State ex rel. Penrose Investment Company v. McKelvey, 301 Mo. 1.

Reference

Full Case Name
The STATE Ex Rel. BETTER BUILT HOMES & MORTGAGE CO. v. JAMES N. McKELVEY, Director of Public Safety of City of St. Louis
Cited By
2 cases
Status
Published