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STATE v. ST. LOUIS COUNTY

No. ED 87736.

205 S.W.3d 296 (2006)

STATE of Missouri ex rel. FRED WEBER, INC., Appellant, v. The ST. LOUIS COUNTY, MISSOURI BOARD OF ZONING ADJUSTMENT, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

November 7, 2006.

Attorney(s) appearing for the Case

S. Kristina Starke, Assistant Public Defender, St. Louis, MO, for appellant.

Patricia Redington, County Counselor, Lorena Merklin von Kaenel, Assistant County Counselor, St. Louis, MO, for respondents.

Before GEORGE W. DRAPER III, P.J., GARY M. GAERTNER, SR., J., and ROBERT G. DOWD, JR., J.

PER CURIAM.

Appellant, State of Missouri, ex rel. Fred Weber, Inc. ("Weber"), appeals from the judgment of the Circuit Court of St. Louis County in favor of Respondent The St. Louis County, Missouri Board of Zoning Adjustment ("BZA"). The trial court affirmed the BZA's findings that Weber cannot stockpile recycled asphalt product ("RAP") on the portion of its land zoned under the conditional use permit 191 ("CUP 191"). We affirm.

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