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COHEN v. ENNIS

No. 22820.

314 S.W.2d 239 (1958)

Joseph COHEN, Margaret Cohen, Louis Cohen, Bella Cohen, Harry Sircus, Ann Sircus, Leo Pollock, Adele Pollock, E. R. Klein, Fay Klein, and Josephine M. Goldberg and Commerce Trust Company, co-Trustees of Charles E. Milens Trust, Appellants, v. Hugh R. ENNIS, Thomas C. Bourke, David W. Childs, Clair H. Schroeder, and Luther Willis, members of and constituting the Board of Zoning Adjustment of Kansas City, Missouri, and Kansas City, Missouri, a municipal corporation, and Continental Baking Company, Inc., Respondents.

Kansas City Court of Appeals, Missouri.

June 2, 1958.

Attorney(s) appearing for the Case

Philip L. Levi, Solbert M. Wasserstrom. Kansas City, for appellants.

Benj. M. Powers, Guy W. Rice, Fred Bellemere, Sr., Fred Bellemere, Jr., Kansas City, for respondents.

SPERRY, Commissioner.

This is an appeal by neighboring property owners from a judgment affirming a decision of the Board of Zoning Adjustment of Kansas City, whereby the Board granted the application of Continental Baking Company to use two vacant lots owned by it, for a truck turnaround and driveway into its bakery building.

This appeal was, originally, to the Supreme Court, on the theory that a constitutional question is involved. The Supreme Court considered...

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