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CITY OF BRIDGETON v. NORFOLK & W. RY. CO.

Nos. 58772, 58773.

535 S.W.2d 99 (1976)

CITY OF BRIDGETON, a Municipal Corporation, Plaintiff-Respondent, v. NORFOLK & WESTERN RAILWAY COMPANY and Linclay Development Corporation, Defendants-Respondents, Anne Englert, Intervenor-Appellant. LINCLAY DEVELOPMENT CORPORATION and Earth City Corporation, Plaintiffs-Respondents, v. CITY OF BRIDGETON, a Municipal Corporation, Defendant-Respondent, Anne Englert, Intervenor-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 14, 1976.

Attorney(s) appearing for the Case

Lewis C. Green, St. Louis, for intervenor-appellant.

Shulamith Simon, Husch Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for Linclay Development Corp. and Earth City Corp.

Albert E. Schoenbeck and Stephen M. Schoenbeck, St. Louis, for Norfolk & Western Railway Co.

MORGAN, Judge.

The initial and perhaps dispositive issue before this court is the right of one resident of the City of Bridgeton to intervene after entry of judgment in two lawsuits, consolidated for purposes of trial, wherein said city was a losing party and elected not to appeal. The trial court denied intervention.

Both cases arose out of a zoning dispute in said city involving land contiguous to the Earth City development project in St. Louis County. The...

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