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NIEHAUS v. MITCHELL

No. 32374.

417 S.W.2d 509 (1967)

John NIEHAUS, Paul A. O'Neill and Dennis Zavidil, Trustees of Bayberry Hills Subdivision, Plaintiffs-Appellants, v. John C. MITCHELL and Mrs. John C. Mitchell and Albert Maescher, Jr., and Mrs. Albert Maescher, Jr., Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing and Modification, or to Transfer Denied July 7, 1967.

Application to Transfer Denied September 11, 1967.

Attorney(s) appearing for the Case

Robert T. Ebert, Robert R. Young, St. Louis, for appellants.

David G. Dempsey, Dempsey, Zerman & Dempsey, Clayton, for respondents.

Motion for Rehearing and Modification, or to Transfer to Supreme Court Denied July 7, 1967.

CLEMENS, Commissioner.

By these consolidated actions the plaintiff subdivision trustees seek judgments for the amounts of special improvements assessed against the defendants' lots, plus interest and attorney fees. Judgment in the circuit court went for the defendant lot owners, and the plaintiff trustees appeal.

The ultimate issue is the legality of the assessment...

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