CASH v. CATHOLIC DIOCESE OF KANSAS CITY-ST. JOSEPH

No. 24577.

414 S.W.2d 346 (1967)

Charles B. CASH, Respondent, v. CATHOLIC DIOCESE OF KANSAS CITY-ST. JOSEPH, a Missouri Corporation, Appellant.

Kansas City Court of Appeals, Missouri.

April 3, 1967.


Attorney(s) appearing for the Case

Downey, Sullivan & McCormick, Leo McCormick, Kansas City, for appellant.

Charles B. Cash, Kansas City, for respondent.


JAMES W. BROADDUS, Special Commissioner.

On February 19, 1965, plaintiff filed suit in which he sought to enjoin defendant corporation from erecting on property owned by it a building for occupancy by teaching nuns of a parochial school, and from using the same as their residence as being in violation of private real estate restrictions. Plaintiff prevailed below and defendant has appealed.

The facts show that on January 28, 1955, the James H. Stanton Construction...

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