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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (52)

Full Text

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Respondents also say that the nuisance ordinance, if given the effect urged by Davis and Correll, is not to be considered under the facts here because to brand the parking lot operation as a nuisance would nullify the special permit provisions of the zoning ordinance. The argument seems to be that a valid special permit acquires preeminence over all other municipal ordinance regulation by the city codes. Cited as authority are cases which hold that statutes are to be harmonized and special statutes are to prevail over general ones. It is of course apparent that a permit to build a parking lot does not confer an exemption from observance of other ordinance restrictions nor is it a license for all possible offensive activity. A parking lot is not a nuisance per se. It is only when noxious odors and noise interfere with the peace and health of nearby residents that the ordinance respecting nuisances is applicable. In this case, the jury was entitled to consider the nuisance ordinance in deciding whether the subject parking lot as operated was unreasonable.