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ASSOCIATION FOR ED. DEVELOPMENT v. HAYWARD

No. 58761.

533 S.W.2d 579 (1976)

ASSOCIATION FOR EDUCATIONAL DEVELOPMENT, a corporation, and Rev. William Stetson, et al., as members and representatives of a class known as Opus Dei Center of St. Louis, an unincorporated association, Plaintiffs-Relators-Respondents, v. John L. HAYWARD et al., as members and alternate members of and comprising the Board of Adjustment of the City of Kirkwood, Defendants-Respondents-Appellants, v. Samuel B. MURPHY et al., Intervenors-Defendants-Appellants.

Supreme Court of Missouri, En Banc.

March 8, 1976.

Attorney(s) appearing for the Case

Stephen C. Murphy, Cook, Murphy, Lance & Mayer, St. Louis, for intervenors-defendants-appellants.

Robert L. Inman, Clayton, for defendants-respondents-appellants.

Albert A. Michenfelder, Jr., Clayton, for plaintiffs-relators-respondents.

BARDGETT, Judge.

The principal issue in this case is whether a decision by the board of adjustment of the city of Kirkwood denying an occupancy permit to a group of men who are members of a religious society and who sought to occupy an existing residence as their home in an area zoned single-family residential is violative of the free-exercise-of-religion provision of the First Amendment of the United States Constitution, the freedom-of-worship provision of Art. I...

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