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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)

Citation
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Parent Document
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Jurisdiction
Missouri (state)
Effective Date
1986-06-10

Other Sections in This Document (52)

Full Text

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Davis and Correll along with a group called The Plaza Westport Neighborhood Association unsuccessfully opposed the permit before the zoning board and later failed in a judicial review of the board action because the suit was not properly before the court. This action followed, the gist of the claims being that Davis and Correll were damaged because the construction and operation of the parking lot in proximity to their residences constituted a private nuisance. Particular allegations, and the proof which followed at trial, were that the parking lot created noxious fumes, noise and air pollution through operation of equipment during construction and of automobiles after completion and that numbers of people gathered on the lot and engaged in unseemly acts. As was noted above, the trial court directed a verdict for the defendants at the close of plaintiffs’ evidence.