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BABB v. MISSOURI PUBLIC SERVICE COM'N

No. WD 76384.

414 S.W.3d 64 (2013)

James BABB, et al., Respondents, v. MISSOURI PUBLIC SERVICE COMMISSION, et al., Respondent. City of Clarkson Valley, Missouri, Scott Douglass, James Meyer, Lyn Midyett, Honora Schiller, Susan Shea, Scott Schultz, and Wendell Sittser, Appellants.

Missouri Court of Appeals, Western District.

November 26, 2013.

Attorney(s) appearing for the Case

Shelley E. Brueggemann and Joshua Harden , Jefferson City, MO, for respondent Missouri Public Service Commission.

Stephen G. Jeffery , Chesterfield, MO, for respondents Babb, et al.

John F. Mulligan, Jr. , Clayton, MO, for appellants.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, LISA WHITE HARDWICK, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

INTRODUCTION

The Board of Aldermen ("Board") for Clarkson Valley, Missouri ("City," collectively including the Board), denied the application of James and Frances Babb ("the Babbs") for a Special Use Permit ("SUP") for the installation of a solar energy system ("system") on their home. The Board denied the Babbs' application based on an ordinance addressing solar energy systems. The Babbs, along with the Missouri Solar Energy Industries...

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