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SUBURBIA GARDENS NURSERY, INC. v. COUNTY OF ST. LOUIS

No. 50079.

377 S.W.2d 266 (1964)

SUBURBIA GARDENS NURSERY, INC., Plaintiff-Appellant, v. COUNTY OF ST. LOUIS, Missouri, Maurice Abramson, Albert Bailey, John Dowling, Russell Grantham, John O'Hara, Comprising All of the County Council of the County of St. Louis, Missouri, and James H. J. McNary, Supervisor of the County of St. Louis, Missouri, Defendants-Respondents, and Mildred Ann Krekeler, Intervenor-Appellant. Mildred Ann KREKELER, Plaintiff-Appellant, v. SUBURBIA GARDENS NURSERY, INC., Defendant-Appellant.

Supreme Court of Missouri, En Banc.

April 13, 1964.

Attorney(s) appearing for the Case

Daniel P. Reardon, St. Louis, for appellant Mildred Ann Krekeler.

Norman C. Parker, St. Louis County Counselor, Arthur M. Wolff, Asst. County Counselor, for respondent, St. Louis County.

Cupples, Cooper & Haller, by Irving L. Cooper, Clayton, for appellant Suburbia Gardens Nursery, Inc.

STORCKMAN, Judge.

This proceeding is a consolidation of a declaratory judgment action and a suit in equity for injunctive and other relief. It involves the determination of the activities in which a nursery may engage in a district in St. Louis County zoned for that purpose among others. Suburbia Gardens Nursery,. Inc., instituted the declaratory judgment action against the County of St. Louis and certain county officials for a determination of the rights and duties...

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