VILLAGE OF COTTLEVILLE v. STAR CONCRETE CO.

No. 54494.

764 S.W.2d 651 (1988)

The VILLAGE OF COTTLEVILLE, Plaintiff-Appellant, v. STAR CONCRETE COMPANY, James D. Callahan and Erma J. Callahan, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division One.

September 27, 1988.


Attorney(s) appearing for the Case

Norman C. Steimel, St. Charles, for plaintiff-appellant.

John T. Bruere, Timothy A. Graham, St. Charles, for defendants-respondents.


REINHARD, Judge.

Plaintiff appeals from the trial court's order sustaining defendants' motion for judgment on the pleadings. We reverse and remand.

Plaintiff filed a petition in three counts seeking to enjoin the operation of a concrete batch plant. Count III alleged nuisance for which judgment was rendered for defendants. The judgment on Count III was not appealed. Counts I and II both allege violations of plaintiff's zoning ordinances and are the subject...

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