COUNTRY CLUB ESTATES, L.L.C. v. TOWN OF LOMA LINDA

No. 01-2834WM.

281 F.3d 723 (2002)

COUNTRY CLUB ESTATES, L.L.C., Country Club Estates, Inc., Villas of Loma Linda, L.L.C., Loma Linda Estates, Inc., Excalibur Land and Investments, Inc., Loma Linda Development, Inc., Appellants, v. TOWN OF LOMA LINDA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 22, 2002.


Attorney(s) appearing for the Case

William J. Fleischaker, Joplin, MO, argued, for appellants.

Jeffrey L. Groves, Springfield, MO, argued (Penni R. Groves, on the brief), for appellee.

Before LOKEN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.


PER CURIAM.

The question presented is the validity under Missouri law of a zoning ordinance adopted by the Town of Loma Linda, Missouri. Under the ordinance, one-family dwellings of a single story must have a minimum of 1,800 square feet of above-ground living space, if they are located within a certain part of the Town. Plaintiffs own land affected by the ordinance. Under covenants applicable to the property, a minimum square footage of 1,640 was already in effect...

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