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Rice v. Stoff

844 S.W.2d 529 (Mo. Ct. App. 1993)
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Rice v. Stoff

1 Citing case

  1. State ex Rel. Childress v. Anderson

    865 S.W.2d 384 (Mo. Ct. App. 1993)   Cited 16 times
    Finding that initiative could not be used to obtain rezoning and concluding that "the citizens of Springfield through their charter construed as a whole, did not reserve to themselves the power to adopt, through the initiative process, a zoning ordinance which has not been submitted to the commission for examination and recommendation."

    While the charter provisions in Donohue expressly excluded zoning measures from the initiative process, we find Donohue to stand for the principle that where the charter establishes a procedure for the adoption of certain types of ordinances, that procedure may not be circumvented by use of an initiative petition. See also, Rice v. Stoff, 844 S.W.2d 529 (Mo.App. 1992), cert. denied sub nom. Carter v. City of St. Louis, ___ U.S. ___, 113 S.Ct. 3040, 125 L.Ed.2d 726 (1993) (Initiative not proper to propose ordinance providing for transformation of hospital to homeless shelter where initiative procedure would circumvent statute requiring public hearing on redevelopment projects.)