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WILLEY v. CASS COUNTY

No. WD 35692.

689 S.W.2d 654 (1985)

J. Wayne WILLEY, Plaintiff-Appellant, v. CASS COUNTY, Missouri, et al., Defendants-Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied April 2, 1985.

Application to Transfer Denied May 29, 1985.

Attorney(s) appearing for the Case

Richard G. Carlisle, Freilich, Leitner & Carlisle, P.C., Kansas City, for plaintiff-appellant.

Cathleen A. Shine, Cass County Pros. Atty., Harrisonville, Dale L. Beckerman, Deacy & Deacy, Kansas City, for respondents, Cass County, Missouri, Cass County Planning Commission and Robert Prettyman, Chairman.

John C. Milholland, Harrisonville, for respondent, Anderson.

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

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied April 2, 1985.

LOWENSTEIN, Presiding Judge.

This appeal deals with the denial of a special use permit for a sanitary landfill. Plaintiff/appellant, Willey, applied for this permit with the defendant/respondent, Cass County Missouri Planning Commission. The area for the proposed landfill is classified as agricultural allowing a sanitary landfill by special permit, but not by right. The...

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