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  5. 690 S.W.2d 799 (1985)
 

STATE EX REL. HICKMAN v. CITY COUNCIL

No. WD 35865.

690 S.W.2d 799 (1985)

STATE of Missouri, ex rel., Jack HICKMAN and Irene Hickman, Respondents, v. The CITY COUNCIL OF KIRKSVILLE, Missouri: Elizabeth Laughlin, Jerry Thomas, Steve Hunt, Bill Clifton and Russell Roberts, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied April 30, 1985.

Application to Transfer Denied June 25, 1985.

Attorney(s) appearing for the Case

Howard M. Hickman, Farr & Hickman, Kirksville, for appellants.

Wayne Fraser, McPherson & High, Kirksville, for respondents.

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

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied April 30, 1985.

LOWENSTEIN, Presiding Judge.

The respondents, Jack and Irene Hickman, sought to purchase a building known as the "Old High School" from the Kirksville School District, but the contract was contingent upon the property being rezoned from residential to commercial. The Hickmans purposed to turn the abandoned and deteriorating building into a mall with shops and other public...

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