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CASEY'S GEN. STORES v. CITY OF WEST PLAINS

Nos. 22457, 22459.

9 S.W.3d 712 (1999)

STATE of Missouri, ex rel. CASEY'S GENERAL STORES, INC., an Iowa Corporation, Casey's Marketing Company, an Iowa Corporation, and Donita Generous, Plaintiffs-Respondents/ Cross-Appellants, v. CITY OF WEST PLAINS, Missouri, Gene Jones, Lou Citro, James Goss, Robert Jackson, and Ray Gobel, Defendants-Appellants/ Cross-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied January 21, 2000.

Application for Transfer Denied February 22, 2000.

Attorney(s) appearing for the Case

Robert Z. Oberzalek, Cantrell & Oberzalek, Eminence, for Appellants/Cross-Respondents.

Charles E. Smarr and Mark G. Anderson, Brydon, Swearengen & England P.C., Jefferson City, for Respondents/Cross-Appellants.

PHILLIP R. GARRISON, Chief Judge.

This case is part of the continuing saga surrounding the efforts of Casey's General Stores, Inc. ("Casey's") to sell intoxicating liquor in the City of West Plains ("West Plains" or "the City") closer to a church than permitted under the City's ordinances. Involved is the collision of competing theories concerning the regulation of the sale of intoxicating liquors in an incorporated city. Casey's contends that since it obtained a...

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