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ANDERSON v. SMITH

Nos. 23852-23854.

377 S.W.2d 554 (1964)

Edgar T. ANDERSON, Alfred Davidson, and Frederick T. Allen, as Individuals and on behalf of a committee of petitioners of the City of Columbia, Missouri, Appellants, v. Robert C. SMITH, Clyde R. Cunningham, Roy G. Wiley, Ira L. Davis, and Carl L. Brady, individually, and as constituting the City Council of the City of Columbia, Missouri, and, B. D. Simon, Jr., John C. Crighton, Charles J. Proctor, Dorsey M. Russell, and Dell Keepers, individually, and as constituting the Board of Commissioners of the Land Clearance for Redevelopment Authority, Columbia, Missouri, Respondents. STATE of Missouri ex rel. Edgar T. ANDERSON, Alfred Davidson and Frederick T. Allen, as individuals and on behalf of a committee of petitioners of the City of Columbia, Missouri, Appellants, v. Robert C. SMITH, Clyde R. Cunningham, Roy G. Wiley, Ira L. Davis, and Carl L. Brady, individually, and as constituting the City Council of the City of Columbia, Missouri, Respondents.

Kansas City Court of Appeals. Missouri.

February 3, 1964.

Attorney(s) appearing for the Case

Michael J. Trombley, Columbia, J. David Collins, Edwards, Hess & Collins, Macon, for appellants.

George F. Nickolaus, City Counselor, Carl F. Sapp, Columbia, for respondents.

HUNTER, Judge.

Plaintiffs, as property owners, citizens, taxpayers, and electors of the City of Columbia, Missouri, filed two suits in the Circuit Court of Boone County against the City Councilmen of Columbia, individually as members of the city council.1

The first filed suit (case number 45975) was for a declaratory judgment and injunction. The judgment of the trial court denied the requested injunction and in effect denied plaintiffs...

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