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HIGHLANDS HOMES ASS'N v. BD. OF ADJUSTMENT

No. WD 70862.

306 S.W.3d 561 (2009)

The HIGHLANDS HOMES ASSOCIATION, et al., Appellants, v. The BOARD OF ADJUSTMENT, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 2, 2010.

Application for Transfer Denied April 20, 2010.

Attorney(s) appearing for the Case

Thomas M. Schneider, Columbia, MO, for Appellant.

Kathleen D. Pitzer, Columbia, MO, for Respondents, Sprint Spectrum, L.P., E. Stanley Kroenke, William James, Jr., Dennis Harper and Sterling Kelly d/b/a Highland Properties Co.

Susan G. Crigler, Columbia, MO, for Respondent, Board of Adjustment of the City of Columbia, Missouri.

Before Division III: KAREN KING MITCHELL, Presiding Judge, and JAMES E. WELSH and MARK D. PFEIFFER, Judges.

KAREN KING MITCHELL, Presiding Judge.

This is an appeal from an administrative decision of the Columbia Board of Adjustment ("Board") granting two zoning variances in favor of Highland Properties Co. ("Landowner") and Sprint Spectrum, L.P. ("Sprint") for development of a disguised cellular support structure and accompanying equipment storage facility. We affirm the Board's decision.

Factual and Procedural Background

Landowner entered into a lease...

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