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LOUIS COUNTY v. CITY OF MANCHESTER

No. 49159.

360 S.W.2d 638 (1962)

ST. LOUIS COUNTY, Missouri, a Body Corporate and Politic, and James H. J. McNary, as Supervisor of St. Louis County, Missouri, and Herbert G. Poertner, Public Works Director of St. Louis County, Missouri, Appellants, v. The CITY OF MANCHESTER, Missouri, a Municipal Corporation, and Gamble Construction Company, a Missouri Corporation, Respondents.

Supreme Court of Missouri, En Banc.

October 8, 1962.

Attorney(s) appearing for the Case

William E. Gallagher, County Counselor of St. Louis County, Walter H. Smith, First Asst. County Counselor, for appellants.

Boedeker, Weil & McMahon and Edgar G. Boedeker, Clayton, for respondent City of Manchester.

Stamm, Millar & Neuhoff, David L. Millar and Ray E. White, Jr., St. Louis, for respondent Gamble Const. Co.

STORCKMAN, Judge.

This is an injunction suit wherein a Constitutional Home Rule Charter County seeks to enjoin a city of the fourth class from constructing and operating a sewage treatment plant and related facilities outside of the city limits in a district designated as residential under the zoning laws and building regulations enacted by the county pursuant to its home rule charter. The defendants' motion to dismiss the plaintiffs' first amended petition was sustained...

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