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WITTER v. COUNTY OF ST. CHARLES

No. 36169.

528 S.W.2d 160 (1975)

William D. WITTER, Plaintiff-Respondent, v. The COUNTY OF ST. CHARLES, Missouri, et al., Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division Four.

September 23, 1975.

Attorney(s) appearing for the Case

Thomas W. Wehrle, Counselor, James H. White, Associate County Counselor, George W. Lang, II, Asst. County Counselor, St. Louis, Clayton, for defendants-appellants.

G. Carroll Stribling, G. Carroll Stribling, Jr., Fordyce, Mayne, Hartman, Renard, Stribling & Boedeker, St. Louis, for plaintiff-respondent.

ALDEN A. STOCKARD, Special Judge.

Plaintiff is the owner of Howell Island, also referred to as Island No. 85, comprising approximately 2,570 acres and located in the Missouri River. He alleged in his petition that both St. Charles County and St. Louis County claim the island to be within its boundaries and that each county claims the right to assess and collect taxes and to exercise jurisdiction over it. Plaintiff prayed for a declaratory judgment that Howell Island...

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