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HOME BLDG. CO. v. CITY OF KANSAS CITY

No. WD 31206.

609 S.W.2d 168 (1980)

HOME BUILDING COMPANY, a corporation, Appellant, v. The CITY OF KANSAS CITY, a Municipal Corporation, Charles B. Wheeler, Edward E. Quick, Joseph R. Serviss, Robert M. Hernandez, Joanne M. Collins, Charles A. Hazley, Joel Pelofsky, Richard Berkley, Leon Brownfield, Bruce R. Watkins, Victor F. Swyden, Arthur E. Asel and J. Harold Hamil, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 2, 1980.

Attorney(s) appearing for the Case

Don M. Jackson, R. Scott Smith, Kansas City, for appellant.

Aaron A. Wilson, City Atty., James C. Bowers, Jr., Kathleen A. Hauser, Asst. City Attys., Kansas City, for respondents.

Before CLARK, P. J., and DIXON and SOMERVILLE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 2, 1980.

CLARK, Presiding Judge.

Appellant Home Building Company alleged in a petition for declaratory judgment that respondent City of Kansas City had obstructed use and development of real estate owned by the Company by unreasonably, arbitrarily and capriciously applying a zoning ordinance. The petition sought a declaration that the ordinance was therefore invalid as to the property in...

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