CHERRY v. CITY OF HAYTI HEIGHTS

No. 59950.

563 S.W.2d 72 (1978)

Virginia Lee CHERRY, Plaintiff-Respondent, v. The CITY OF HAYTI HEIGHTS and David Humes, Mayor, Defendants-Appellants, Mary Emma Branch, Tax Collector, Defendant.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 10, 1978.


Attorney(s) appearing for the Case

Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for appellants.

James E. Reeves, Ward & Reeves, Caruthersville, for respondent.

John D. Ashcroft, Atty. Gen., Dan P. Card, II, Asst. Atty. Gen., Jefferson City, for amici.


SEILER, Judge.

This case was transferred here by this court on application of defendants-appellants following a decision against them by the Springfield district of the court of appeals. We sustained the application to transfer because it raises questions of general interest and importance pertaining to a collateral challenge by a private party to the incorporation of a municipality and an alleged departure from established principles governing such challenges, where...

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