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ALLEN v. COFFEL

Nos. 25734, 25737.

488 S.W.2d 671 (1972)

Nellie ALLEN et al., Plaintiffs-Appellants, v. Donald COFFEL et al., as the Mayor and Board of Aldermen of the City of Peculiar, Missouri and Excalibur Enterprises, Ltd., a corporation, Defendants-Respondents. STATE of Missouri ex rel., Nellie ALLEN et al., Plaintiffs-Appellants, v. Donald COFFEL et al., the Mayor and Members of the Board of Aldermen of the City of Peculiar, Missouri, Defendants-Respondents.

Missouri Court of Appeals, Kansas City District.

December 4, 1972.

Attorney(s) appearing for the Case

Elvin S. Douglas, Jr., Crouch, Crouch, Spangler & Douglas, Harrisonville, for plaintiffs-appellants.

Lynn K. Ballew, Shubert, Hight & Ballew, Harrisonville, for defendants-respondents Excalibur Enterprises, Ltd.

Paul E. Panek, City Atty., Belton, for defendants-respondents Donald Coffel, Glen Mullen, Les Johnson, Ralph Hetherington, Robert Bulard, as Mayor and Board of Aldermen of City of Peculiar, Mo.

Before SHANGLER, C. J., and CROSS and DIXON, JJ.

SHANGLER, Chief Judge.

The plaintiffs filed, successively, a Petition for Review under Section 89.110, V.A.M.S., and then a Petition for Declaratory Judgment, each of which undertook to challenge the legality of two zoning ordinances enacted by the Board of Aldermen of the City of Peculiar. The trial court dismissed the Petition for Review upon the ground that the statutory review by writ of certiorari was not an appropriate remedy to test the lawfulness of the exercise...

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