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STATE EX REL. NOLAND v. ST. LOUIS COUNTY

No. 56605.

478 S.W.2d 363 (1972)

STATE of Missouri ex rel. Robert J. NOLAND et al., Respondents, v. ST. LOUIS COUNTY et al., Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Modify Opinion Denied April 10, 1972.

Attorney(s) appearing for the Case

Cullen Coil, Carson, Inglish, Monaco & Coil, Jefferson City, Carroll J. Donohue, Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for respondents.

George F. Gunn, Jr., St. Louis County Counselor, Thomas W. Wehrle, Deputy County Counselor, Robert H. Grant, Asst. County Counselor, Clayton, for appellants.

MORGAN, Presiding Judge.

Appellants, St. Louis County and certain officers and members of its planning commission, challenge the issuance by the trial court of a peremptory writ of mandamus compelling the county to approve a "preliminary plat" of a proposed subdivision submitted by respondents.

In that portion of the unincorporated area of St. Louis County of immediate interest, Conway Road has a sixty (60) foot right-of-way and extends generally in an easterly...

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