Hart v. Bd. of Adj. of City of Marshall

DIXON, Presiding Judge.

This appeal is by the defendant Board of Zoning Adjustment from a circuit court order directing the issuance of a building permit to plaintiffs.

The circuit court purported to act under Section 89.110 RSMo 1978, and the disposi-tive issue is the jurisdiction of the circuit court to enter its order in the procedural circumstances shown by the record.

Plaintiffs requested a zoning variance from the Board of Adjustment of Marshal] after the city building inspector denied their building permit. After a full eviden-tiary hearing before the board, at which plaintiffs were…