STATE v. DONOHUE

Nos. 49824, 49825.

368 S.W.2d 432 (1963)

STATE of Missouri ex rel. Albert W. POWERS and Pearline Powers, his Wife, John Ebner and Gladys Ebner, his Wife, Adele Erb, Gladys M. Beilstein, Elmer J. Hoelzer and Carolyn Hoelzer, his Wife, Personally and as Class Representatives of Persons Similarly Situate, Oakville Point Taxpayers Association, a Corporation, Respondents, v. Carroll J. DONOHUE, Edward W. Garnholz, Paul M. Morris, Harry N. Soffer, Constituting the St. Louis County Board of Election Commissioners, St. Louis County, Missouri, and James H. J. McNary, Intervenors, and Vigus Quarries, Inc., a Corporation, Intervenor, Appellants. STATE of Missouri ex rel. Carroll J. DONOHUE, Edward W. Garnholz, Paul M. Morris and Harry N. Soffer, Constituting the St. Louis County Board of Election Commissioners, the County of St. Louis, Missouri, James H. J. McNary, as Supervisor of the County of St. Louis, Missouri, and Vigus Quarries, Inc., a Corporation, Relators, v. Noah WEINSTEIN, Judge of the Circuit Court for the Thirteenth Judicial District of the State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

June 4, 1963.


Attorney(s) appearing for the Case

George E. Schaaf, Clayton, for St. Louis County Board of Election Com'rs, Carroll J. Donohue, Edward W. Garnholz, Paul M. Morris, Harry N. Soffer, as Members Thereof.

Norman C. Parker, St. Louis County Counselor, Donald J. Stohr, Asst. County Counselor, Wm. J. Becker, Clayton, for Vigus Quarries, Inc.

H. Jackson Daniel and Robert T. Johnson, St. Louis, for respondents.


HOLLINGSWORTH, Judge.

These cases present the question of the right of the people of St. Louis County to propose by initiative petition an amendment of the comprehensive zoning ordinance of the county. The title of the proposed ordinance is:

"An ordinance amending the St. Louis County zoning ordinance and the official zoning district maps which are a part thereof, by changing the boundaries of `K' heavy industrial district and the `C' 20,000 square foot single...

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