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URNSTEIN v. VILLAGE OF TOWN AND COUNTRY

No. 49727.

368 S.W.2d 390 (1963)

Gabriel URNSTEIN and Goldye Urnstein, d/b/a Sherwood Day School Plaintiffs-Respondents, v. VILLAGE OF TOWN AND COUNTRY, a Municipal Corporation, James A. McCollum, Joseph Leopold, Russell J. Gittens, Grindon E. Leslie, S.D. Fisher, Arthur E. Jones, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied June 4, 1963.

Attorney(s) appearing for the Case

Carroll J. Donohue, Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Jones, St. Louis, for defendants-appellants.

Erwin Tzinberg, Albert A. Michenfelder, Jr., Ziercher, Tzinberg, Human & Michenfelder, Clayton, for plaintiffs-respondents.

Motion for Rehearing or for Transfer to Court En Banc Denied June 4, 1963.

BARRETT, Commissioner.

The Village of Town and Country, its board of trustees and its building commissioner appeal from a declaratory judgment decree which adjudges unconstitutional, as applied to the plaintiffs and their private school, a part of the village's comprehensive zoning ordinance. The village contends, of course, that it was authorized to adopt the ordinance, that it had...

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