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PARK VIEW HEIGHTS CORPORATION v. CITY OF BLACK JACK

No. 72-1006.

467 F.2d 1208 (1972)

PARK VIEW HEIGHTS CORPORATION et al., Appellants, v. The CITY OF BLACK JACK et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1972.

Rehearing and Rehearing Denied October 26, 1972.

Attorney(s) appearing for the Case

Lawrence G. Sager, American Civil Liberties Union Foundation, New York City, for appellants.

Roy W. Bergmann, and Sheldon K. Stock, Clayton, Mo., for appellees.

Before MURRAH and VAN OOSTERHOUT, Senior Circuit Judges, and HEANEY, Circuit Judge.

Rehearing and Rehearing En Banc Denied October 26, 1972.

HEANEY, Circuit Judge.

This appeal questions the propriety of a District Court order, 335 F.Supp. 899, dismissing the plaintiffs' complaint for lack of standing and absence of a justiciable controversy.

The underlying question is the validity of a zoning ordinance which effectively prohibits the construction of...

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