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STATE EX REL. STOYANOFF v. BERKELEY

No. 54911.

458 S.W.2d 305 (1970)

STATE of Missouri ex rel. Dimiter STOYANOFF and Joan T. Stoyanoff, his wife, Respondents, v. Robert BERKELEY, Building Commissioner, City of Ladue, Missouri, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied October 12, 1970.

Attorney(s) appearing for the Case

Cupples, Cooper & Haller, Ronald L. Cupples, Gary H. Sokolik, Clayton, for (relators) respondents.

Willson, Cunningham & McClellan, J. H. Cunningham, Jr., St. Louis, for appellant.

Motion for Rehearing or to Transfer to Court En Banc Denied October 12, 1970.

PRITCHARD, Commissioner.

Upon summary judgment the trial court issued a peremptory writ of mandamus to compel appellant to issue a residential building permit to respondents. The trial court's judgment is that the below-mentioned ordinances are violative of Section 10, Article I of the Constitution of Missouri, 1945, V.A.M.S., in that restrictions placed by the ordinances on the...

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