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WHEELER v. CITY OF BERKELEY

No. 34158.

485 S.W.2d 707 (1972)

Luther C. WHEELER and Ann Nell O'Hearn Wheeler, Plaintiffs-Appellants, v. CITY OF BERKELEY, a municipal corporation, et al., Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing or for Transfer Denied October 10, 1972.

Application to Transfer Denied November 13, 1972.

Attorney(s) appearing for the Case

G. A. Buder, Jr., Richard O. Roberts, St. Louis, for appellants.

Louis S. Czech, Clayton, for respondent.

Motion for Rehearing or for Transfer to Supreme Court Denied October 10, 1972.

WEIER, Judge.

The plaintiffs, Luther C. Wheeler and his wife Ann, filed suit to have Ordinance No. 1057 adoped on April 21, 1958, by the City of Berkeley, Missouri, declared invalid as it applies to their property. This action was commenced after the City of Berkeley failed to act on the plaintiffs' request to change the zoning classification of the property from single-family dwelling...

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