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STATE EX REL. CITY OF GOWER v. GEE

No. KCD 29647.

573 S.W.2d 107 (1978)

STATE of Missouri at the relation of CITY OF GOWER, a Municipal Corporation, Respondent, v. Roy GEE, Sid Johnson, George Isaacs, Lawrence Maxey and Rex Deshon, as members of and constituting the Board of Zoning Adjustment of Buchanan County, Missouri, Appellants.

Missouri Court of Appeals, Kansas City District.

October 30, 1978.

Attorney(s) appearing for the Case

Michael A. Insco, Pros. Atty., Buchanan County, St. Joseph, for appellants.

Lawrence V. Fisher, Frost, Fisher & Poland, Plattsburg, for respondent.

Before SHANGLER, P. J., and SWOFFORD, C. J., and WASSERSTROM, J.

SWOFFORD, Chief Judge.

The City of Gower, Clinton County, Missouri, is a municipality of the fourth class. It is geographically located adjacent to rural Buchanan County, Missouri, a county of the second class. Following the passage of a bond issue by the voters of Gower to finance the construction of a sewer treatment facility, Gower acquired an option to purchase land outside its municipal corporate limits but within five miles thereof, for

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