Matthew v. Smith
Supreme Court of Missouri
707 S.W.2d 411 (1986)
The Brandts (defendants) bought a single residential lot containing two separate houses, each rented to a family for the past 30 years despite the property being zoned for single-family use; they applied for a variance from the Board of Zoning Adjustment (defendant) to continue renting both houses, and the Board granted it. Neighboring landowner Jon Matthew (plaintiff) sued to challenge the variance; the trial court affirmed the Board's order, but the appellate court reversed, holding the Board lacked authority to grant it, and a dissenting judge certified the case to the Missouri Supreme Court.
Whether obtaining a use variance from a zoning ordinance requires an applicant to demonstrate unnecessary hardship.