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WHITAKER v. CITY OF SPRINGFIELD

No. 18987.

889 S.W.2d 869 (1994)

Ted WHITAKER, Elizabeth Whitaker, Bill Whitaker, Rocky Crouch, Treasa Crouch, Larry Crouch, and Patti Crouch, Plaintiffs-Respondents, v. CITY OF SPRINGFIELD, Missouri, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 21, 1994.

Application to Transfer Denied January 24, 1995.

Attorney(s) appearing for the Case

Nancy K. Yendes, Asst. City Atty., Springfield, for defendant-appellant.

James A. Burt, Strong & Associates, P.C., Springfield, for plaintiffs-respondents.

Motion for Rehearing or Transfer to Supreme Court Denied December 21, 1994.

PER CURIAM:

The City of Springfield (the "City") appeals from a summary judgment entered in favor of Respondents (Plaintiffs) in their declaratory judgment suit. In that suit, Plaintiffs alleged that their rezoning request was improperly denied by the application of § 11.18 of the Springfield City Charter concerning protests to proposed zoning changes because it was inconsistent...

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