CREVE COEUR 鈥 A proposed QuikTrip on the site of an Olive Boulevard strip center is a step closer to construction after a Missouri appeals court sided with a 50度灰视频 County judge who said Creve Coeur officials improperly denied a conditional use permit for the gas station.
The Missouri Court of Appeals Eastern District last week upheld a July ruling by 50度灰视频 County Judge who ordered Creve Coeur to issue the permit.
At issue was whether the property owner that wants to sell to QuikTrip, a company tied to the family of Gershman Commercial Real Estate Executive Chairman Tom Stern, met the city鈥檚 listed conditions for receiving a conditional use permit. It is represented by attorneys at Clayton law firm .
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The city, represented by Jim Layton of Clayton-based , argued some of those conditions are subjective and appealed the county judge鈥檚 ruling.
Some Creve Coeur residents opposed the proposed QuikTrip at the southwest corner of Olive Boulevard and Graeser Road, and the city council in 2020 voted against issuing the required permit for the project. The property owner sued, arguing it had met all of the standards in the city鈥檚 conditional use permit ordinance. The city argued that the QuikTrip did not meet its comprehensive plan鈥檚 standards, giving it the discretion to deny the permit.
The appeals court disagreed with the city, citing testimony from Creve Coeur Director of Community Development Jason Jaggi, who said 鈥渃omplete compliance with every single component of the Comprehensive Plan is neither possible nor necessary,鈥 and that QuikTrip was 鈥済enerally consistent with the Comprehensive Plan.鈥
Creve Coeur Mayor Bob Hoffman said that the council voted Monday to continue pursuing the appeal, which could mean the issue will eventually wind up before the Missouri Supreme Court.
鈥淲e can鈥檛 have the courts tell us what鈥檚 built in our neighborhoods,鈥 Hoffman said.
Originally posted at 4:15 p.m. Tuesday, April 12.