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UNION ELECTRIC COMPANY v. CITY OF CRESTWOOD

No. 56709.

499 S.W.2d 480 (1973)

UNION ELECTRIC COMPANY, a Missouri corporation, Plaintiff-Appellant, v. CITY OF CRESTWOOD, a municipal corporation, et al., Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied October 8, 1973.

Attorney(s) appearing for the Case

Kerth, Thies, Schreiber, Hamel & Dee, C. Kenneth Thies, Clayton, William E. Jaudes, St. Louis, for plaintiff Union Electric Co.

Robert E. Murray, Crestwood, City Atty., and Atty. for the City of Crestwood.

Motion for Rehearing or to Transfer to Court en Banc Denied October 8, 1973.

FINCH, Justice.

The issue presented herein is whether a municipal ordinance which prohibits thereafter any aboveground construction of utility transmission lines is valid. The trial court upheld the ordinance. We reverse.

The pertinent facts are these: Union Electric Company (UE) is an electric utility company serving a considerable area, including the City of St. Louis and...

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