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LAMAR CO., LLC v. CITY OF KANSAS CITY

No. WD 71545.

330 S.W.3d 767 (2010)

The LAMAR COMPANY, LLC, d/b/a Lamar Advertising of Kansas City, Appellant, v. The CITY OF KANSAS CITY, Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 21, 2010.

Application for Transfer Denied March 1, 2011.

Attorney(s) appearing for the Case

Mary Jo Shaney , James C. Bowers, Jr. , and Patricia R. Jensen , Kansas City, MO, for Appellant.

Galen Beaufort , City Attorney M. Margaret Sheahan Moran , Senior Associate City Attorney, Kansas City, MO, for Respondent.

Before Division I: JAMES M. SMART, JR., Presiding Judge, and MARK D. PFEIFFER and CYNTHIA L. MARTIN, Judges.

MARK D. PFEIFFER, Judge.

The Lamar Company, LLC ("Lamar") appeals the judgment of the Circuit Court of Jackson County ("trial court") granting the motion for summary judgment of the City of Kansas City ("City") relating to the validity of a municipal ordinance. In its sole point on appeal, Lamar argues that the trial court erred in concluding that the ordinance in question was a building code ordinance and not a zoning ordinance — subject to the special notice...

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