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MOTO, INC. v. BOARD OF ADJUSTMENT

No. ED 80346.

88 S.W.3d 96 (2002)

MOTO, INC. d/b/a Moto Mart, Respondent, v. BOARD OF ADJUSTMENT OF THE CITY OF ST. LOUIS, et al., Appellants, and James McGuire, III, Sharon McGuire, and Riverview Drive Improvements Association, Intervenors.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied October 22, 2002.

Application for Transfer Denied November 26, 2002.

Attorney(s) appearing for the Case

Paul R. Diekhoff, St. Louis, for City Counselor Bd. of Adj.

Thomas A. Connelly, St. Louis, for Intervenor-Riverview Dr. Improvements.

John S. Meyer, Jr, St. Louis, MO, for respondent.

Before: GEORGE W. DRAPER III, P.J., MARY R. RUSSELL, J., and MARY K. HOFF, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 22, 2002.

PER CURIAM.

The Board of Adjustment of the City of St. Louis ("Board of Adjustment") appeals from a judgment of the Circuit Court of the City of St. Louis reversing its denial of a conditional use permit sought by Moto, Inc., doing business as Moto Mart ("Moto Mart"), for construction of a facility that would include a tractor-trailer and automobile fueling station, convenience...

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