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BOARD OF ALDERMAN v. BOARD OF ADJUSTMENT

No. SD 31095.

364 S.W.3d 246 (2012)

BOARD OF ALDERMAN OF The CITY OF CASSVILLE, Missouri, Plaintiff-Respondent, v. BOARD OF ADJUSTMENT OF The CITY OF CASSVILLE Missouri, Defendant, and Gerald T. Shaffer, Interested Party-Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 20, 2012.

Attorney(s) appearing for the Case

J. Michael Riehn , Cassville, MO, for Appellant.

Cordelia F. Herrin , David A. Cole , Cassville, MO, for Respondent.

NANCY STEFFEN RAHMEYER, Judge.

Gerald T. Shaffer ("Shaffer") filed a "Variance Application," under the City of Cassville's ("the City's") zoning regulations, with the Board of Adjustment. The Board of Adjustment granted that variance request; however, the Board of Alderman for the City filed a Petition for Review in the Barry County Circuit Court. The court ultimately issued a judgment reversing the decision of the Board of Adjustment which had granted Shaffer a variance...

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