Missouri Rock, Inc. v. Winholtz

CLARK, Judge.

This litigation arises out of an order by appellant Winholtz, the zoning enforcement officer for Clay County, directing that respondent, Missouri Rock, cease its rock mining and crushing business. The order was allegedly based on the expiration of a previously issued occupancy permit and the failure of Missouri Rock to apply for and obtain a special use permit. On review at the request of Missouri Rock, the order of the zoning officer was affirmed by appellants Fulton, Searcy, Neth, Petty and Foster, who are the members of the Board of Zoning Adjustment for Clay County. Missouri…