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STATE v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY

No. 44117.

273 S.W.2d 286 (1954)

STATE of Missouri ex rel. The TOWN OF OLIVETTE, a Municipal Corporation; Ray G. Mills, Clarence A. Miller, Milton Lief, Charles H. Spoehrer, and Thomas A. Grady, Constituting the Board of Trustees of the Town of Olivette; Walter Brockman, Elmer Brockman, Ewald Jacob, Ferguson B. Geers, John Heger, E. W. Baker and Carl Mueller (Plaintiffs), Respondents, v. The AMERICAN TELEPHONE AND TELEGRAPH COMPANY, a Corporation; Thomas Dunne, Jas. H. J. McNary, Eugene Buechler, Jas. A. Singer, Frank A. Martini, Harold L. Carey and Charles R. Skow, Constituting the St. Louis County Council; Frank C. Roe, Director of Public Works, St. Louis County; and Luman F. Matthews, County Supervisor of the County of St. Louis (Defendants), Appellants.

Supreme Court of Missouri. Division No. 2.

December 13, 1954.

Attorney(s) appearing for the Case

Fred M. Joseph, Chaim H. Zimbalist, Clayton, Peter C. Elvis, Kansas City, for appellant American Tel. & Tel. Co.

John J. McAtee, St. Louis County Counselor, Clayton, Herbert C. Funke, Asst. County Counselor, Maplewood, for appellants Thomas Dunne et al.

Carroll J. Donohue, St. Louis, Robert O. Hetlage, Clayton, Salkey & Jones, St. Louis, for plaintiffs-respondents.

BARRETT, Commissioner.

The St. Louis County Council, after application to the St. Louis County Planning Commission, granted the American Telephone and Telegraph Company a special permit to erect and operate a radio relay tower on Lot 5, Grandview Subdivision, an unincorporated area in St. Louis County. The town of Olivette through its board of trustees and seven individuals who own property and reside in the vicinity of the proposed tower instituted this action to...

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