MATTHEW v. SMITH

No. 67396.

707 S.W.2d 411 (1986)

Jon MATTHEW, Appellant, v. Elton SMITH, et al., Members of the Board of Zoning Adjustment, etc., James Brandt and Susan Brandt, Respondents.

Supreme Court of Missouri, En Banc.

March 25, 1986.


Attorney(s) appearing for the Case

Jon A. Matthew, North Kansas City, for appellant.

Thomas E. Barzee, Jr., S. Preston Williams, North Kansas City, for respondents.


WELLIVER, Judge.

This is an appeal from a circuit court judgment affirming the Board of Zoning Adjustment's decision to grant Jim and Susan Brandt a variance. The Brandts purchased a residential lot containing two separate houses upon a tract of land zoned for a single-family use. The court of appeals reversed the circuit court judgment, and the case was then certified to this Court by a dissenting judge. We reverse and remand.

The Brandts own a tract of land...

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