CASPER v. HETLAGE

No. 49001.

359 S.W.2d 781 (1962)

Ken CASPER and Harold Meir, as class representatives for and on behalf of the residents of Warson View Subdivision, consisting of approximately seventy families in the City of Olivette, Missouri, Plaintiffs-Respondents, v. Richard HETLAGE, Maurice Abramson, John Molloy, Thomas Dunne, John Dowling, George E. Bohrer, and Russell Grantham, constituting the St. Louis County Council, St. Louis County, Missouri; Herbert G. Poertner, Director of Public Works, St. Louis County, Missouri; Industrial Properties, Inc., a corporation; and the City of Olivette, a municipal corporation, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied September 10, 1962.


Attorney(s) appearing for the Case

William E. Gallagher, St. Louis County Counselor, Richard E. Crowe, Asst. County Counselor, for appellants, Richard Hetlage, Maurice Abramson, John Molloy, Thomas Dunne, John Dowling, George E. Bohrer, and Russell Grantham, Constituting the St. Louis County Council, St. Louis County, Missouri; Herbert G. Poertner, Director of Public Works, St. Louis County, Missouri.

Boedeker, Weil & McMahon and Edgar E. Boedeker, Clayton, for appellant, Industrial Properties, Inc.

Carroll J. Donohue, Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Jones, St. Louis, for defendant-respondent, City of Olivette.


Motion for Rehearing or to Transfer to Court en Banc Denied September 10, 1962.

DALTON, Judge.

This action involves the validity of an amendment to a Zoning Ordinance of St. Louis County. Plaintiffs seek a declaratory judgment that St. Louis County Ordinance No. 1536 is null and void and they further ask for an injunction to prevent the real estate described in the Ordinance from being used for other than the residential purposes for which it was originally...

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