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COHEN v. ENNIS

No. 46087.

308 S.W.2d 669 (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, Cotrustees 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, Division No. 2.

January 13, 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, Missouri, and Board of Zoning Adjustment.

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

STOCKARD, Commissioner.

This is an appeal from the judgment of the Circuit Court of Jackson County affirming the order of the Board of Zoning Adjustment of Kansas City, Missouri, hereafter referred to as the "Board," granting to Continental Baking Company, hereafter referred to as "Continental," a permit to construct and use an access driveway. The appellants are owners of neighboring property who claim to be adversely affected.

Continental operates a bakery...

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