He preferred to remain outside the courthouse rather than sit in either of the courtrooms. He had an opportunity to make oral and written comment, but declined to do so. Plaintiff Schaeffer lives and owns property adjacent to the southern boundary of the property. John Aycock, whose testimony is credible and is accepted by the Court, is the Director of Land Use and Development for Jefferson County. Unless the action of the County Commission was clearly arbitrary and unreasonable, or the rezoning was not even fairly debatable, the Court will not substitute its opinion for that of the Commission.
Plaintiffs have the burden of overcoming the presumption that the rezoning order is valid.
The burden of persuasion is on the County Commission and its members to demonstrate compliance with Sections 610.010 to 610.026. Section 610.027-2, RSMo Cum. The burden of proof to establish a violation of Sections 610.010 to 610.026 is by a preponderance of the evidence. Section 610.027.4, RSMo Cum. The public policy of this State is that meetings, records, votes, actions and deliberations of public governmental bodies be open to the public unless otherwise provided by law, and that Sections 610.010 to 610.028 shall be liberally construed.