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COHEN v. ENNIS

No. 47068.

318 S.W.2d 310 (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, Kansas City, Missouri, a municipal corporation, and Continental Baking Company, Inc., Respondents.

Supreme Court of Missouri, En Banc.

December 8, 1958.

Attorney(s) appearing for the Case

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

Benj. M. Powers, City Counselor, Guy W. Rice, Asst. City Counselor, Kansas City, for respondents, Kansas City, Mo. and Bd. of Zoning Adjustment.

Fred Bellemere, Sr., Fred Bellemere, Jr., Kansas City, for respondent, Continental Baking Co., Inc.

HOLLINGSWORTH, Chief Justice.

The Board of Zoning Adjustment of Kansas City, Missouri, hereafter referred to as the "board," granted to Continental Baking Company, hereafter referred to as "Continental," a permit to construct and use a driveway over two lots owned by Continental in order to obtain an entrance to the rear of its bakery. Section 58-17 of the Kansas City zoning ordinances authorized the granting of such authority "after a public hearing, when an undue...

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