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McCARTY v. CITY OF KANSAS CITY

No. WD 34338.

671 S.W.2d 790 (1984)

F. Walter McCARTY and Miriam J. McCarty and John P. Miller and Old Mill Development, Inc. and Berbiglia, Inc., Appellants, v. CITY OF KANSAS CITY, Missouri, A Municipal Corporation and Cecil Van Tuyl, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied May 29, 1984.

Application to Transfer Denied July 17, 1984.

Attorney(s) appearing for the Case

Sherwin L. Epstein, Brian Timothy Meyers, Kansas City, for appellants.

Richard Ward, City Atty., Kathleen A. Hauser, Asst. City Atty., Judith P. Rea, Allen S. Russell, Rea, Chamberlin & Russell, Kansas City, for respondents.

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

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied May 29, 1984.

CLARK, Judge.

This is a declaratory judgment suit brought to test the validity of a Kansas City ordinance affecting use of real estate owned by respondent Van Tuyl. Appellants are the owners and lessees of adjacent land. They contested enactment of the ordinance and oppose the commercial development which the ordinance authorized. The trial court ruled the ordinance properly...

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