CREVE COEUR, Mo. — The Missouri Supreme Court in a ruling Tuesday sided with Creve Coeur in its fight to deny QuikTrip permission to open a gas station-convenience store.
Two entities own property at the southwest corner of Olive Boulevard and North Graeser Road that houses vacant stores. They sought to sell to QuikTrip so it could build the station at the site, but the city denied the Tulsa, Oklahoma, company's bid for a condition use permit, after hearing from residents who opposed the development.
The property owners sued, and a state-court judge found for them, ordering the city to issue a conditional use permit because there was evidence supporting the six standards in the city's zoning code that its refusal was unlawful.
After an appeal, though, the state Supreme Court said Tuesday that the state court was prohibited from "substituting its discretion for discretion legally vested in such administrative officer or body," and cited city ordinance stating that the city "reserves full authority to deny any request for a conditional use."
"In reaching its decision to issue the CUP, the circuit court had to ignore part of the same City ordinance it relied upon," the Supreme Court ruling stated
A QuikTrip spokesperson didn't immediately respond to a request for comment.
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