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COOTS v. J. A. TOBIN CONST. CO.

No. WD 32806.

634 S.W.2d 249 (1982)

John W. COOTS, Jr., et al., Respondents-Plaintiffs, v. J. A. TOBIN CONSTRUCTION CO., Appellant-Defendant.

Missouri Court of Appeals, Western District.

May 18, 1982.

Attorney(s) appearing for the Case

Max W. Foust, John Del Perico, John F. Clisbee, Kansas City, for appellant-defendant.

Douglas B. Eskridge, Abe Shafer, Kansas City, for respondents-plaintiffs.

Before CLARK, P. J., and MANFORD and KENNEDY, JJ.

CLARK, Presiding Judge.

J. A. Tobin Construction Company appeals from the judgment of the circuit court permanently enjoining Tobin from operating a rock quarry and crusher plant on land leased by Tobin in rural Platte County. Reversed.

This action commenced on the petition of various private property owners who, under the provisions of § 64.690.2, RSMo 1978, are authorized to sue for restraint, abatement or correction of alleged zoning violations. Although...

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