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Property Keyed to Chase
Matthew v. Smith
Citation:
707 S.W.2d 411 (1986)Facts
The Brandts owned a tract of land comprising one and one-half plotted lots in North Kansas City. When they purchased the property in March 1980, it already contained two separate houses—one toward the front of Erie Street and one in the rear. Each building was occupied by a separate family as tenants of the Brandts. The two houses had apparently been used as separate residences for approximately thirty years, with only intermittent vacancies. The property was zoned for Single Family Residences, which technically permitted only one dwelling per lot. At the suggestion of a city official, the Brandts applied for a variance to allow them to continue renting both houses with a single family in each. The Board of Zoning Adjustment granted the application after two hearings. Jon Matthew, a neighboring landowner, challenged the grant of the variance through a petition for certiorari.
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