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PHILLIPS v. BOARD OF ADJUSTMENT

No. 29771.

308 S.W.2d 765 (1958)

David R. PHILLIPS and Arva Lee Phillips (Plaintiffs), Respondents, v. BOARD OF ADJUSTMENT OF THE CITY OF BELLEFONTAINE NEIGHBORS, Missouri, et al. (Defendants), Appellants.

St. Louis Court of Appeals, Missouri.

January 7, 1958.

Attorney(s) appearing for the Case

Vernon C. Oetting, Ernest L. Keathley, St. Louis, for appellants.

Flynn, Parker & Badaracco, Joseph L. Badaracco, St. Louis, for respondents.

WOLFE, Commissioner.

The plaintiffs below sought a writ of certiorari in the circuit court to review an order of the Board of Adjustment of the city of Bellefontaine Neighbors. The board had denied the plaintiffs a building permit for the erection of a residence. The trial on certiorari resulted in the court reversing the Board of Adjustment and directing the building permit to issue. The Board of Adjustment prosecutes this appeal.

The evidence presented disclosed...

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