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5 Zoning Dig. 1 (1953)

handle is hein.journals/planevirw5 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 5 January, 1953 Pages 1-16 Permit Previously Issued Is Not Revoked By New Zoning Ordi- nance. Vested Right. Building Permit. Fleming et al. v. Moore Brothers Realty Co., Inc. et al., Supreme Court of Missouri, July 16, 1952, reh. den. September 8, 1952, 251 S. W. 2d 8. This action was brought by certain abutting property owners to enjoin the erection of a 36-family apartment building on property zoned for 4-family purposes. Plaintiffs contended that the building violated the density, park- ing, height and yard provisions and that construction had begun subsequent to the effective date of the ordinance. Defendants contended that they were proceeding under a lawfully issued building permit which was in full force and effect when the or- dinance was adopted. Defendants acquired their property some years before the new zoning ordinance went into effect. They prepared plans for an apartment house in 1949. At that time the property was zoned for commercial purposes. A number of steps were taken and permits were obtained in March, 1950. On April 25, 1950, the new comprehensive zoning ordinance was adopted placing the property in a C 4-familydwelling district. The building does not conform to the area requirements of the new zoning ordinance. This ordinance was given effect on May 26, 1950. Construction on the new building was not actually started until July. One of the questions raised and not decided was whether the defendants had acquired a vested right in the building permit issued prior to the effective date of the ordinance. The court did not decide this issue because defendants did not claim that they had a vested right in the building permit. The court refused to enjoin the construction on the ground that the zoning ordinance had not specifically referred to build- ings in the course of construction, nor to outstanding permits

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