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MARTIN MARIETTA MATER., INC. v. BD OF ZONING ADJ. OF CASS COUNTY

No. WD 66637.

246 S.W.3d 9 (2007)

MARTIN MARIETTA MATERIALS, INC., et al., and State of Missouri ex rel. Martin Marietta Materials, Inc., et al., Respondents, v. BOARD OF ZONING ADJUSTMENT OF CASS COUNTY, Missouri, and City of Peculiar, Missouri, et al., Appellants.

Missouri Court of Appeals, Western District.

Application for Transfer Denied January 29, 2008.

Application for Transfer Denied March 18, 2008.

Attorney(s) appearing for the Case

Richard G. Carlisle, Esq., Lee's Summit, Alok Ahuja, Esq., Co-Counsel, Kansas City, MO, for Respondent.

Debra Lynn Moore, Esq., Harrisonville, MO, for Board of Zoning.

James E. Thompson, Esq., Harrisonville, MO, for City of Peculiar.

Elvin S. Douglas, Jr., Esq., Harrisonville, MO, for Peculiar Com. Betterment, Cass County Citizens.

Steven E. Mauer, Esq., Kansas City, MO, for John Bockelman, Ted Turner, Ted Haynes.

Before HAROLD L. LOWENSTEIN, Presiding Judge, JOSEPH M. ELLIS, Judge and LISA WHITE HARDWICK, Judge.

Application for Transfer to Supreme Court Denied January 29, 2008.

JOSEPH M. ELLIS, Judge.

Martin Marietta Materials, Inc. (MMM) operates a rock quarry in Cass County near the boundary of the City of Peculiar, Missouri. Presumably reacting to the City of Peculiar's commencement of an annexation proceeding to annex land adjoining the quarry to the east, MMM contracted to purchase or lease several pieces of property,1 totaling 648...

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