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DALLEN v. CITY OF KANSAS CITY

No. WD 44047.

822 S.W.2d 429 (1991)

Jay DALLEN and Mary Kay Dallen, Respondents, v. CITY OF KANSAS CITY, Missouri, Appellant.

Missouri Court of Appeals, Western District.

Application to Transfer Denied February 25, 1992.

Attorney(s) appearing for the Case

Richard N. Ward, City Atty., and Kathleen A. Hauser, Asst. City Atty., Kansas City, for appellant.

Sherwin L. Epstein, Kansas City, for respondents.

Before BERREY, P.J., and BRECKENRIDGE, J., and SHRUM, Special Judge.

BERREY, Presiding Judge.

Appellant, the City of Kansas City, challenges a judgment of the circuit court in an action for declaratory judgment and permanent injunction questioning the validity of certain zoning ordinances. Affirmed.

Appellant alleges four points of error: (1) that the trial court erred in declaring the Main Street Special Review District void because the trial court shifted the burden of proof as there is a presumption of validity which attaches...

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