Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)

Citation: Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Parent Document: Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Jurisdiction: Missouri (state)
Effective Date: 1986-06-10
Original Source: https://www.courtlistener.com/opinion/1747893/davis-v-jc-nichols-co/ ↗

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By the same analysis, the plaintiffs were entitled to show that the parking lot was in violation of the special permit, if such were the case. Just as proof that a business is being conducted in an area zoned only for residential use is some evidence that the business use is unreasonable, the extension of defendants’ parking lot here beyond the permitted area is proper evidence for the jury to consider in deciding whether the intrusion upon plaintiffs’ property was unreasonable. This is especially true in this case where defendants placed heavy reliance on the special permit as justification for the claim that the parking lot activity was a reasonable use of the land. The only method open to plaintiffs for proof of the overextension of the parking lot was introduction in evidence of the ordinance setting the 500 foot limitation. The trial court erred in refusing to admit the ordinance in evidence.

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