SPENCER v. VILLAGE OF DeKALB

No. 51948.

408 S.W.2d 78 (1966)

Elbert F. SPENCER, Respondent, v. VILLAGE OF DeKALB, Missouri, a Municipal Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

November 14, 1966.


Attorney(s) appearing for the Case

R. A. Brown, St. Joseph, Brown, Douglas & Brown, St. Joseph, of counsel, for respondent.

Clem W. Fairchild, Herbert M. Kohn, Kansas City, Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, of counsel, for appellant.


DONNELLY, Judge.

This is a suit under the Declaratory Judgments Act, §§ 527.010 to 527.140 RSMo 1959, V.A.M.S. Plaintiff Spencer, in his petition, alleges that he is a resident, property owner, and taxpayer in the Village of DeKalb, Missouri. Defendant is the Village of DeKalb.

In 1962, the Village of DeKalb suffered a disastrous fire which could not be controlled because the Village did not have a water system. After the fire, two men, Lamb and...

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