STATE EX REL. CHURCH'S, ETC. v. BD. OF ADJUST. OF CITY OF ST. LOUIS

No. 40222.

581 S.W.2d 861 (1979)

STATE of Missouri ex rel. CHURCH'S FRIED CHICKEN, INC., Relator-Appellant, v. The BOARD OF ADJUSTMENT OF the CITY OF ST. LOUIS, Charles K. Baker, Gregory Gunn, Joseph F. Failoni, Charles A. Sala, in their capacity as members of the Board of Adjustment of the City of St. Louis, Respondents-Respondents.

Missouri Court of Appeals, Eastern District, Division One.

April 3, 1979.


Attorney(s) appearing for the Case

Kenneth C. Brostron, James J. Hennelly, Lashly, Caruthers, Thies, Rava & Hamel, St. Louis, for relator-appellant.

Jack L. Koehr, City Counselor, Edward M. Peek, Associate City Counselor, St. Louis, for respondents-respondents.


SNYDER, Presiding Judge.

Appeal from a judgment of the Circuit Court of the City of St. Louis, in a certiorari proceeding, affirming a decision by the Board of Adjustment to revoke a building permit issued to Church's Fried Chicken, Inc., for the construction of a restaurant at 1825 Gravois.

The issue on appeal is whether the Board of Adjustment's decision that Church's Fried Chicken, Inc. was constructing a "carry-out restaurant," as that term is defined...

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