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WESTSIDE ENTERPRISES, INC. v. CITY OF DEXTER

No. 10479.

559 S.W.2d 638 (1977)

WESTSIDE ENTERPRISES, INC., Plaintiff-Appellant, v. The CITY OF DEXTER, a Municipal Corporation, Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

December 6, 1977.

Attorney(s) appearing for the Case

Gary L. Smith, Smith & Holden, P. C., Dexter, for plaintiff-appellant.

Paul McGhee, Dexter, for defendant-respondent.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

TITUS, Judge.

Plaintiff petitioned for a declaration as to the permissible uses of its property under the zoning ordinance of the City of Dexter. The petition raised issues as to whether the ordinance classified the land as single-family residential (R-1), whether plaintiff had a vested right in a commercial use and whether, if the ordinance classified the land R-1, it was invalid as applied. Although the trial court received evidence on these issues, it did not declare...

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