STATE EX REL. MHTC v. ALEXIAN BROS.

No. 75037.

848 S.W.2d 472 (1993)

STATE ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. ALEXIAN BROTHERS OF ST. LOUIS, INC., d/b/a Alexian Brothers Hospital, Respondent.

Supreme Court of Missouri, En Banc.

February 23, 1993.


Attorney(s) appearing for the Case

Richard L. Tiemeyer, Chief Counsel, Thomas B. Gilliam, Jr., Sr. Asst. Counsel, Paul R. Ferber, Kirkwood, for appellant.

John S. Pletz, Jefferson City, for respondent.


ROBERTSON, Chief Justice.

In this case we determine whether Section 226.520, RSMo 1986, empowers the Missouri Highway and Transportation Commission ("MHTC") to order removal of a hospital sign erected under authority of a city zoning variance permitting erection of the sign in a residential area. The trial court held that MHTC was without authority to order removal. The court of appeals affirmed. We granted transfer to resolve the conflict between the eastern district...

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