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HART v. BD. OF ADJ. OF CITY OF MARSHALL

No. WD 31712.

616 S.W.2d 111 (1981)

Fred HART and Virginia Michael Hart, Plaintiffs-Respondents, v. BOARD OF ADJUSTMENT OF the CITY OF MARSHALL, Missouri, et al., Defendants-Appellants, and John P. Huston, et al., Intervenors.

Missouri Court of Appeals, Western District.

May 4, 1981.

Attorney(s) appearing for the Case

R. Lin Alexander, Marshall, for appellants.

Everett S. Van Matre, Robert R. Sterner, Van Matre & Van Matre, Mexico, for respondents.

Before DIXON, P. J., and KENNEDY and NUGENT, JJ.

DIXON, Presiding Judge.

This appeal is by the defendant Board of Zoning Adjustment from a circuit court order directing the issuance of a building permit to plaintiffs.

The circuit court purported to act under Section 89.110 RSMo 1978, and the dispositive issue is the jurisdiction of the circuit court to enter its order in the procedural circumstances shown by the record.

Plaintiffs requested a zoning variance from the Board of Adjustment of Marshall...

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