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STATE v. WIND

Nos. 29777, 29843.

309 S.W.2d 663 (1958)

STATE of Missouri, ex rel. BEACON COURT, Incorporated, et al. (Relators), Respondents, v. J. C. WIND, E. C. Wirtel, and A. A. Grellner, Constituting the St. Louis County Board of Zoning Adjustment, Respondents, John G. Devine and Fred Weber Contractor, Inc. (Intervenors), Appellants.

St. Louis Court of Appeals. Missouri.

February 4, 1958.

Attorney(s) appearing for the Case

Brackman, Oetting & Brackman, Clayton, for appellant John G. Devine.

John B. Sharpe, St. Louis, R. W. Jacobsmeyer, Clayton, for appellant Fred Weber Contractor, Inc.

Francis R. Stout and Richard M. Stout, St. Louis, for respondents.

WOLFE, Commissioner.

This is an action in certiorari against the St. Louis County Board of Zoning Adjustment. The board had granted a permit to operate a quarry in an area zoned for residential purposes. This was done on the theory that the operation would constitute the continuance of a nonconforming use. The owner of the land in question and a corporation engaged in operating the quarry on the land intervened in the circuit court

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