Allega v. Associated Theatres, Inc.

CAVE, Judge.

This is an action to have a. rezoning ordinance of the City of Independence declared invalid because its provisions do not come within the purview of Ch. 89. RSMo 1949, V.A.M.S. The constitutionality of the ordinance was noff’Seacfed-by the trial court and is not called in question on this appeal, consequently this court has jurisdiction. Secs. 3 and 13 of Art. V, 1945 Constitution, V.A.M.S.; Juengel v. City of Glendale, Mo., 161 S.W.2d 408; Fischback Brewing Co. v. City of St. Louis, 337 Mo. 1044, 87 S.W.2d 648; McGill v. City of St. Joseph, Mo., 31 S.W.2d 1038; and Smith v. City…