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STATE v. KISSINGER

No. 20178.

926 S.W.2d 191 (1996)

STATE ex rel. CASEY'S GENERAL STORES, INC., and Donita Haworth, Relators-Appellants, v. A.L. KISSINGER and Gene Jones, Commissioners of the City of West Plains; Harry Kelly, Mayor of the City of West Plains; and The City Of West Plains, a Municipal Corporation, Respondents.

Missouri Court of Appeals, Southern District, Division One.

June 25, 1996.

Attorney(s) appearing for the Case

Kenneth A. Wagoner, Brill, Moore & Wagoner, P.C., West Plains, for Relators-Appellants.

Robert Z. Oberzalek, Cantrell & Oberzalek, Eminence, for Respondents.

GARRISON, Judge.

"Donita K. Haworth DBA Casey's General Store" made application to the City of West Plains, Missouri for a liquor license to sell original package beer and wine at "816 St. Louis St." The application was denied because this location was less than 300 feet from a church. Ms. Haworth and Casey's General Stores, Inc. (Appellants) then filed a petition in mandamus, which was dismissed by the trial court after an evidentiary hearing. This appeal followed...

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