# Homan v. Boone County

> Missouri Court of Appeals · March 8, 2005 · 156 S.W.3d 835

URL: https://www.frixlaw.com/law-library/cases/5105937

## Case

- **Full name:** Barry and Sheri HOMAN, d/b/a Alpine Park and Gardens v. BOONE COUNTY, Missouri, A First Class County, and Boone County Board of Adjustment, Linda Roots, Tom Trabue, Cindy Bowne, Lay Clementz, and Larry Bossaller, in their Official Capacities as Members of the Boone County Board of Adjustment
- **Court:** Missouri Court of Appeals
- **Decided:** March 8, 2005
- **Citations:** 156 S.W.3d 835; 2005 Mo. App. LEXIS 354; 2005 WL 525230
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Ellis, Howard, Smith
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5105937

## Opinion text

ORDER
PER CURIAM.
Appellants Barry and Sheri Homan (“the Homans”) appeal from the Circuit Court of Boone County’s judgment affirm- *836 mg the decision of the Boone County Board of Adjustment (“the Board”), which affirmed the finding of the Boone County Department of Planning and Building Inspection (“the Department”) that the Ho-man’s use of their property for staging and promoting social events for compensation violated the Boone County Zoning Ordinance. The Homans argue three points on appeal. In Point I, the Homans argue that the Board erred in concluding that the Homans’ use of their private park for weddings and other social gatherings was not a common usage of a park and forest preserve and that it violated existing zoning ordinances. In Point II, the Homans argue that the Board erred in concluding the Homans violated local zoning ordinances by renting their conforming park and forest preserve to the public to be used for weddings and other social gatherings, because weddings and social gatherings are common uses of parks. In Point III, the Homans argue the Board erred in concluding the Homans’ concession activity in conjunction with their renting of their park and forest preserve for weddings and other social gatherings was in violation of local zoning regulations, because section 64.341 RSMo 2000, gives counties the authority to grant concession rights to provide refreshments to the public on public parks, playgrounds, and other recreational sites.
We have reviewed the parties’ briefs and the record on appeal. No error of law appears. A written opinion would serve no jurisprudential purpose. We have, however, prepared a memorandum for the use of the parties only, setting forth the reasons for our decision.
We affirm the judgment pursuant to Rule 84.16(b).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5105937. Public record. Not legal advice.