(DOWNLOAD) "Rosedale-Skinker Improvement Assn. V." by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rosedale-Skinker Improvement Assn. V.
- Author : Supreme Court of Nebraska
- Release Date : January 11, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This certiorari proceeding, filed in the Circuit Court of the City of St. Louis, attacks the legality of a building permit which the St. Louis Board of Adjustment ordered to issue under the powers granted it by § 916.050(4) of the Zoning Code. The Board found that a variance in the height of the proposed structural addition was justified because of a practical difficulty and unnecessary hardship. The application of Southwestern Bell Telephone Company for a permit to erect an addition to its building at 6214 Delmar Boulevard was refused by the Building Commissioner of the City of St. Louis. Bell Company appealed to the Board of Adjustment which conducted hearings and ordered issuance of the permit. The plaintiffs in the certiorari proceedings, in addition to the Improvement Association, are the trustees and two resident owners of a home in Parkview, a subdivision located south of and across an alley from the existing building and the proposed addition. No additional evidence was offered in the circuit court and the order of the Board of Adjustment was affirmed on the record made before the Board. The plaintiffs appealed to the St. Louis Court of Appeals which adopted an opinion reversing the judgment and remanding the cause with directions to affirm the refusal of the Building Commissioner to issue the permit. The case was transferred here on order of this court where it will be reviewed as an original appeal. Art. 5, § 10, 1945 Constitution of Missouri.