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FAIRVIEW ENTERPRISES v. CITY OF KANSAS CITY

Nos. WD 58947, WD 58952.

62 S.W.3d 71 (2001)

FAIRVIEW ENTERPRISES, INC., and Donald A. Witt, Esq., Respondents, v. CITY OF KANSAS CITY, Missouri, Danny R. Stamper, Verena Stamper, W. Danny Stamper, Rhonda Stamper, and Bowen Construction Company, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer October 30, 2001.

Application for Transfer Denied December 18, 2001.

Attorney(s) appearing for the Case

Lana K. Torczon, Kansas City, for appellant City of Kansas City.

Cathy J. Pitman Dean, for appellants Stamper and Bowen Construction Company.

Sherwin L. Epstein, Kansas City, for respondents Fairview Enterprises, Inc., and Donald Witt.

Before THOMAS H. NEWTON, Presiding Judge, JOSEPH M. ELLIS and RONALD R. HOLLIGER, Judges.

Motion for Rehearing and/or Transfer to Supreme Court October 30, 2001.

JOSEPH M. ELLIS, Judge.

Appellants Danny R. Stamper, Verena Stamper, W. Danny Stamper, Rhonda Stamper,1 and Bowen Construction Company ("Bowen Construction") appeal from a declaratory judgment entered in the Circuit Court of Platte County declaring Missouri Zoning Ordinance No. 981321 of the City of Kansas City, which would have allowed Bowen Construction to...

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