Opinion

State Ex Rel. Powers v. Donohue

  • 368 S.W.2d 432
Court
Supreme Court of Missouri
Filed
Jun 4, 1963
Status
Published
Author
Eager
On the bench
Dalton, Eager, Hollingsworth, Hyde, Leedy, Storckman, Westhues
Cited by
23 cases

The opinion

EAGER, Judge

(concurring in result).

I would find no particular difficulty in holding that the notices, hearing and report as given, conducted and made in connection with the prior Ordinance No. 2518 would supply those requirements for the Ordinance now proposed; they referred to and affected precisely the same matter.

I would prefer to put this holding upon the basic fact that the respondents are attempting to accomplish by indirection that which they are specifically prohibited from doing directly; that is to say, they may not create any amendment to the zoning ordinance by referendum, but in fact and in substance they are here seeking a referendum upon the enactment of the prior ordinance. I would doubt that any zoning amendment may be accomplished by initiative.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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