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STATE EX REL. STEWART v. KING

No. KCD 29130.

562 S.W.2d 704 (1978)

STATE of Missouri ex rel. J. R. STEWART, Appellant, v. The Honorable Richard KING, and Bruce Lowrey, Respondents.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied February 27, 1978.

Application to Transfer Denied May 9, 1978.

Attorney(s) appearing for the Case

J. Courtney Bowlin, Blue Springs, Robert A. Iannone, Kansas City, for appellant.

James S. Cottingham, Richard G. Carlisle, Independence, for respondents.

Before SHANGLER, P. J., WASSERSTROM, J., and MASON, Special Judge.

WASSERSTROM, Judge.

The question for determination is whether an amendment to the Independence Zoning Ordinance proposed by relator Stewart was adopted by the requisite majority of the Independence City Council. The respondent mayor declared to the contrary, and Stewart applied to the Circuit Court for a writ of mandamus commanding the mayor to declare the ordinance passed. The Circuit Court issued its alternative writ of mandamus but after hearing the case on stipulation...

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