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STATE v. RANDALL

No. 46060.

308 S.W.2d 637 (1958)

STATE of Missouri at the Relation of Chelse E. FIELD, Mrs. Chelse E. Field, W. B. Combs, Henry Hifner, Stanley Hifner, Melvin Hifner, Sally Parker, Ward Bowers, Carrie Bowers, Mrs. R. W. Barr, B. B. Barr, Virginia Barr, Respondents, v. William RANDALL, Harry M. Fleming, Henry H. Fox, Jr., former members of and constituting the Board of Zoning Adjustment of Jackson County, Missouri, and Ray G. Cowan, Hunter Phillips, and said William Randall, present members of and constituting the Board of Zoning Adjustment of Jackson County, Missouri (Defendants), Appellants, and James E. Fortmeyer (Intervenor), Appellant.

Supreme Court of Missouri, Division No. 2.

January 13, 1958.

Attorney(s) appearing for the Case

J. Marcus Kirtley, County Counselor, William J. Gilwee, Asst. County Counselor, Kansas City, for appellants.

William K. Poindexter, Kansas City, for appellant-intervenor.

Joseph J. Kelly, Jr., William H. Woodson, Kansas City, for respondents. Spencer, Fane, Britt & Browne, Kansas City, of counsel.

BOHLING, Commissioner.

This is a proceeding instituted by the State at the relation of Chelse E. Field and other property owners, respondents, to review an order of the Jackson County Board of Zoning Adjustment, appellant, granting a special use permit to James E. Fortmeyer, who was permitted to interplead, appellant, for the construction and maintenance for a period of ten years of a "drive-in" theater on a 55-acre tract of land in the unincorporated area of Jackson...

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