Campbell vs. County Comm’n of Franklin County

The Labadie Environment Organization and several individuals (collectively, Appellants) filed a writ of certiorari challenging the legality of the Franklin County Commission’s adoption of zoning amendments allowing Ameren Missouri to build a coal-ash landfill adjoining its Labadie power plant. Count I of the petition alleged that the commission failed to conduct a legally sufficient hearing prior to adopting the zoning amendments, and Count II alleged that the zoning amendments were invalid for failing to promote public health, safety, and welfare. The circuit court entered judgment in favor of the commission and Ameren. The Supreme Court (1) reversed the trial court’s judgment of dismissal on Count I, as Appellants stated a viable claim that the zoning amendments were enacted without a legally sufficient public hearing; and (2) reversed the judgment upholding the merits of the commission’s decision to adopt the landfill zoning amendments, as the commission’s decision to adopt the amendments is premature until Count I is resolved on its merits by the trial court. View "Campbell vs. County Comm’n of Franklin County" on Justia Law