[Download] "State Missouri Ex Rel. v. City Savannah" by Western District Missouri Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: State Missouri Ex Rel. v. City Savannah
• Author : Western District Missouri Court of Appeals
• Release Date : January 20, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This appeal arises out of a decision by the Planning Commission of the City of Savannah to grant a conditional use permit to respondent Nigh for operation of a children's day care center. Appellants opposed the permit at the hearing before the planning commission and, being unsuccessful there, commenced suit in the circuit court to review the administrative decision by the commission. On motion by the city the trial court dismissed the petition. The issue on the appeal is whether the appellants alleged a cause of action sufficient to withstand a motion to dismiss. We conclude that they did and therefore reverse. The facts are minimal and present no dispute. Nigh sought a permit to use a residence structure in Savannah for day care of nine or less children. It is assumed the activity required such a permit and that the planning commission had authority to issue or deny the permit. A public hearing was conducted at which respondents or their representatives appeared and voiced opposition to the project. The commission voted to grant the permit with certain conditions. Within thirty days thereafter, appellants filed this suit.

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