(CN) – A Missouri resident lacks standing to challenge the height of new condominiums that will be built at a $205 million resort, the Missouri Court of Appeals ruled.
Riva D’Lago plans to build the 18-acre resort in Camden County. It will include condominiums and a conference center.
The property was zoned B-2 (general commercial), which disallows buildings more than 120 feet tall. However, the developer has a conditional use permit for the condominiums that restricts the height to 55 feet.
The plans called for 89-foot buildings, and the county granted the developer a variance.
Steven Fledderman challenged the variance in court, claiming to have standing as an aggrieved party since he lives near the proposed site of the resort.
The trial court dismissed Fledderman’s case, and the judges of the Missouri Court of Appeals’ Southern District agreed that living close by was not enough for Fledderman to call himself an aggrieved party.
“Appellant’s First Amended Petition contained not a single statement relating to how he was aggrieved by granting the variance, such as an assertion that it would diminish his property value or obstruct his view,” the judges wrote.