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STATE v. CITY OF WINCHESTER

No. 51614.

400 S.W.2d 47 (1966)

STATE of Missouri ex rel. MANCHESTER IMPROVEMENT CO., Inc., Appellant, v. CITY OF WINCHESTER, a Municipal Corporation, Herbert Dyck, Mayor, James Rigley, Alderman, Wayne Kossman, Alderman, Richard Zielmann, Alderman, Ronald M. Lloyd, Alderman, and Edward R. Dabler, Building Commissioner, Respondents.

Supreme Court of Missouri, Division No. 1.

March 14, 1966.

Attorney(s) appearing for the Case

Robert C. Jones, Ziercher, Tzinberg, Human & Michenfelder, Clayton, for appellant.

Boedeker & Weil, Edgard G. Boedeker, Clayton, for respondents.

HIGGINS, Commissioner.

Mandamus to compel respondents to issue a permit. Upon trial the alternative writ was quashed and relator's prayer for an absolute writ was denied. The question is whether Winchester's zoning ordinance as applied to appellant is unconstitutional and void in violation of Article I, Section 10, Constitution of Missouri, V.A.M.S.

The facts were stipulated: Relator owns Lots 1-10 and 20-27, Block...

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