Village Cottleville v. Star Concrete by Court of Appeals of Missouri

Village Cottleville v. Star Concrete

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  • Genre Law
  • Released
  • Size 58.11 kB
  • Length 692 Pages

Description

James R. Reinhard, Judge Plaintiff appeals from the trial court's order sustaining defendants' motion for judgment on the pleadings. We reverse and remand. Plaintiff filed a petition in three counts seeking to enjoin the operation of a concrete batch plant. Count III alleged nuisance for which judgment was rendered for defendants. The judgment on Count III was not appealed. Counts I and II both allege violations of plaintiff's Zoning ordinances and are the subject of this appeal. Count I avers that the operation of the concrete batch plant violates plaintiff's zoning ordinances. Count II alternatively pleads that changes in the operation of the concrete batch plant subsequent to enactment of plaintiff's zoning ordinances violates one of the ordinances.

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