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ROSEDALE-SKINKER IMP. ASSN. v. BOARD OF ADJUSTMENT

No. 53064.

425 S.W.2d 929 (1968)

ROSEDALE-SKINKER IMPROVEMENT ASSN., Inc., a Corporation, and Michael Jos. Hart, Stephen Sinclare, Lawrence H. Stern, Trustees of Parkview, Appellants, and Arthur J. Freund and Margaret D. Freund, Intervenors-Appellants, v. The BOARD OF ADJUSTMENT OF the CITY OF ST. LOUIS, Thomas Bear, M. A. Beffa, Robert Kinealy, Clarence Ax and L. A. Maginn, in their capacity as Members of the Board of Adjustment, and Southwestern Bell Telephone Company, a Corporation, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 8, 1968.

Attorney(s) appearing for the Case

Richard C. Hart, St. Louis, for plaintiffs-appellants.

Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for intervenors—plaintiffs-appellants.

John Mohler, Michael Grove, St. Louis, for respondent, Southwestern Bell Telephone Company.

Thomas F. McGuire, City Counselor, St. Louis, for respondent, The Board of Adjustment of the City of St. Louis.

STORCKMAN, Judge.

This certiorari proceeding, filed in the Circuit Court of the City of St. Louis, attacks the legality of a building permit which the St. Louis Board of Adjustment ordered to issue under the powers granted it by § 916.050(4) of the Zoning Code. The Board found that a variance in the height of the proposed structural addition was justified because of a practical difficulty and unnecessary hardship....

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