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STATE v. HUNTER

No. 18434.

867 S.W.2d 282 (1993)

STATE of Missouri, ex rel. Richard M. BARNES and Nancy J. Barnes, a/k/a Nancy J. McCullough, Relators-Respondents, v. Sydney HUNTER, William Jenks, III, Luther Martin, Jerry Bayless, Joseph Senne, as Constituting the Board of Adjustment of the City of Rolla, Missouri, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

December 17, 1993.

Attorney(s) appearing for the Case

Patrick L. King, Rolla, for defendants-appellants.

Roger Andrew Carnahan, Carnahan, Carnahan & Hickle, Rolla, for relators-respondents.

FLANIGAN, Presiding Judge.

On April 21, 1992, Richard Barnes and his wife, owners of an improved lot located at 1105 Duane Avenue, Rolla, Missouri, filed with the Board of Adjustment ("the Board") of that city, a request for a "Special Use Permit as specified in § 42-176 1.(f) of the Rolla City Code." The permit was requested so that the Barneses could conduct a "physician's placement service" in the residence located at 1105 Duane Avenue, which was zoned R-1...

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