Shelton v. Lentz
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. The court erred in dissolving the temporary writ of injunction and overruling plaintiff’s motion for new trial: (1) Because the Board of Aldermen of the city of Kennett had the express power to pass an ordinance establishing fire limits and regulating the kind and character of buildings to be erected within such limits in conformity with law.
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Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. The court erred in dissolving the temporary writ of injunction and overruling plaintiff’s motion for new trial: (1) Because the Board of Aldermen of the city of Kennett had the express power to pass an ordinance establishing fire limits and regulating the kind and character of buildings to be erected within such limits in conformity with law. R. S. 1899, sec. 5958, Laws 1895, page 65; R. S. 1909, sec. 9372. (2) Because the ordinance as passed by the Board of Aldermen was in conformity with the law and charter of the city of…
1Opinion of the Court
ALLEN", J.
This is a suit in equity to enjoin the erection of a “brick veneer” building within the fire limits of the city of Kennett, Missouri, contrary to the provisions of an ordinance of said city. Defendant Mrs. Lentz is the owner of lot 43 of block 12 of the city of Kennett, and at the time of the institution of this suit was proceeding to erect thereupon a building of the character mentioned, and had partly constructed the same. Plaintiff is the owner of property in this block and of other buildings in the vicinity. The court below issued a temporary injunction, but upon a hearing upon…
2Cases cited12 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Hays v. City of Poplar BluffSupreme Court of Missouri · 1915
- Blanc v. MurraySupreme Court of Louisiana · 1884
- Kaufman v. SteinIndiana Supreme Court · 1894
- Griswold v. BregaIllinois Supreme Court · 1896
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3Cited by6 opinions
- Kellog v. Joint Council of Women's Auxiliaries Welfare Ass'nSupreme Court of Missouri · 1954
- City of Kansas City v. Mary Don Co.Missouri Court of Appeals · 1980
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- Kelly v. Boys' Club of St. Louis, Inc.Missouri Court of Appeals · 1979
- Rhodes v. A. Moll Grocer Co.Missouri Court of Appeals · 1936
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