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MISSOURI STATUTES AND CODES

89.491. Violation of county planning, zoning and recreation order or ordinance, civil action authorized--venue, jurisdiction--costs.

Violation of county planning, zoning and recreation order orordinance, civil action authorized--venue, jurisdiction--costs.

89.491. 1. Any person or neighborhood organization asdefined in section 32.105, RSMo, aggrieved by a violationdescribed in this subsection may commence a civil action on hisown behalf against any person who is alleged to be in violationof the provisions of chapter 64, RSMo, or this chapter, or inviolation of any standard, regulation, or ordinance which hasbeen adopted by any county or city pursuant to chapter 64, RSMo,or this chapter.

2. Venue for such actions allowed by subsection 1 of thissection shall be in the circuit court in the circuit in which theviolation is alleged to have occurred.

3. The appropriate circuit court, as established insubsection 2 of this section, shall have jurisdiction to enforcethe standard, regulation or ordinance alleged to have beenviolated, to order such action as may be necessary to correct theviolation, and to impose any civil penalty provided for theviolation.

4. The appropriate circuit court, in issuing any finalorder in any action brought pursuant to this section, shall awardcosts of litigation, including reasonable attorney's fees, to theprevailing party.

(L. 1993 S.B. 376)

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