CITY OF DEXTER v. McClain
2011 Mo. App. LEXIS 997
Mo. Ct. App.2011Background
- McClain owned a vacant lot in Dexter, Missouri, and was convicted under City of Dexter Code § 215.200 for allowing grass and weeds to exceed height limits.
- He challenged the conviction on grounds that the prosecution failed to prove all elements, the verdict was against the weight of the evidence, and there was no substantial evidence.
- The ordinance penalizes growth of weeds, grass, or vegetation over 12 inches on land surrounded on three or more sides by occupied land.
- Appellant argued the lot was not surrounded by three occupied sides and the grass height was not proven to exceed 12 inches on average.
- The court found the underlying issues required interpretation of the terms “occupied land” and “surrounded” and evaluated the evidence for substantiality.
- The appellate court affirmed, holding there was substantial evidence and the conviction was not against the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence the lot was surrounded by occupied land | McClain argued the lot was not surrounded by occupied land | Dexter contends the lot was surrounded by occupied land on three sides | Yes; substantial evidence supported surrounding on three sides by occupied land |
| Whether the lot contained growth of weeds/grass exceeding 12 inches on average | McClain claimed evidence did not establish average height over 12 inches | City relied on photos and officer testimony showing knee-high grass | Yes; evidence supported exceedance of 12 inches on average |
| Standard of review and interpretation of ordinance | Appellant asserted the review should be sufficiency-of-evidence | City did not present detailed authorities but relied on Murphy framework | Defer to trial court under Murphy; substantial evidence supported the conviction |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (establishes Murphy standard of review for court-tried cases)
- City of Strafford v. Croxdale, 272 S.W.3d 401 (Mo.App. S.D.2008) (municipal ordinance violations treated as criminal standards of proof)
- HOUSTON v. Crider, 317 S.W.3d 178 (Mo.App. S.D.2010) (substantial evidence and weight of the evidence explained)
- Binger v. City of Independence, 588 S.W.2d 481 (Mo. banc 1979) (interpretation of terms like occupied land in zoning context)