HOME BLDG. CO. v. CITY OF KANSAS CITY

No. WD 33187.

666 S.W.2d 816 (1984)

HOME BUILDING COMPANY, Plaintiff-Appellant, v. CITY OF KANSAS CITY, Missouri, A Municipal Corporation, et al., Defendants-Respondents.

Missouri Court of Appeals, Western District.

As Modified February 28, 1984.

Application to Transfer Denied April 16, 1984.


Attorney(s) appearing for the Case

Dennis L. Davis, Martin J. Modrcin, Hillix, Brewer, Hoffhaus & Whittaker, Kansas City, for plaintiff-appellant.

Richard N. Ward, City Atty., Galen Beaufort, Asst. City Atty., Kansas City, for defendants-respondents.

Before SHANGLER, P.J., and CLARK and MANFORD, JJ.


CLARK, Judge.

In this declaratory judgment action, appellant Home Building Company sought judicial relief from zoning restrictions on the use of acreage owned by the company in Clay County. The suit charged the zoning ordinance to have been unreasonable, arbitrary and capricious as applied to the tract in issue. The trial court entered judgment adverse to the petition claims and Home Building Company appeals. The judgment is reversed.

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