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STATE EX REL. JIMMY'S v. CITY OF INDEPENDENCE

No. KCD 26934.

527 S.W.2d 11 (1975)

STATE of Missouri ex rel. JIMMY'S WESTERN BAR-B-Q, INC., Respondent, v. CITY OF INDEPENDENCE, Missouri, et al., Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied September 2, 1975.

Application to Transfer Denied October 13, 1975.

Attorney(s) appearing for the Case

Richard G. Carlisle, Asst. City Counselor, Independence, for appellants.

C. John Forge, Jr., Independence, for respondent.

Before SOMERVILLE, P. J., PRITCHARD, C. J., and TURNAGE, J.

PRITCHARD, Chief Judge.

The ultimate issue, as stipulated by the parties, is whether as a matter of law appellant, City of Independence, Missouri, has the police power, discretion or duty to refuse a license to Charles Vincent Scola, doing business as Jimmy's Western Bar-B-Q, Inc. (the respondent), based upon the personal fitness of Scola. The matter before the trial court was a petition for a writ of mandamus to compel appellant to issue applicant-respondent an occupation...

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