AMERICAN HOG COMPANY v. COUNTY OF CLINTON

No. KCD 26125.

495 S.W.2d 123 (1973)

AMERICAN HOG COMPANY, Plaintiff-Appellant, v. The COUNTY OF CLINTON, State of Missouri and the Clinton County Zoning Commission, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

May 7, 1973.


Attorney(s) appearing for the Case

Utz, Litvak, Thackery, Utz & Taylor, St. Joseph, for plaintiff-appellant.

Frost, Speckman & Fisher, Lawrence V. Fisher, Plattsburg, for defendant-respondent.

Before SHANGLER, P. J., SWOFFORD and WASSERSTROM, JJ., and FRED E. SCHOENLAUB, Special Judge.


WASSERSTROM, Judge.

Plaintiff brought this declaratory judgment suit for a determination that it has a right to operate its hog-feeding farm as a nonconforming use under the Clinton County Zoning Order and Subdivision Regulations. The defendant County filed a motion to dismiss on the ground that the plaintiff had failed to follow the proper statutory procedure, and the County also filed an answer denying the allegations on the basis of which plaintiff claimed a continuing...

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