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CITY OF PERRYVILLE v. BREWER

No. 38425.

557 S.W.2d 457 (1977)

CITY OF PERRYVILLE, a Municipal Corporation, Plaintiff-Respondent, v. Cyril (Syril) BREWER, Floyd Huber, Albert W. Bergman, John Brune & Albert Stueve, Defendants-Appellants, Charles L. Drury, Trustee, Kenneth Krauss, Dennis Sauer, Leo Miederhoff, Bill G. Bailey, Homer Roy, Michael J. Sutterer, Lawrence Feltz, Davis Farm Supplies, Inc., Perryville Development Corporation, and Gary Brewer, as members of a class composed of inhabitants of the area proposed to be annexed to the City of Perryville, Defendants, Adrian Giesler, Dorothy Giesler, Charles M. Kiefner and Marilyn S. Kiefner, Intervenors.

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

October 11, 1977.

Attorney(s) appearing for the Case

John P. Bradshaw, Finch, Bradshaw, Storm & Steele, Cape Girardeau, for defendants-appellants.

Francis Toohey, Jr., Perryville, Buerkle, Buerkle & Lowes, Albert C. Lowes, David G. Beeson, Jackson, for plaintiff-respondent.

WEIER, Judge.

In this declaratory judgment action brought under the provisions of the Sawyer Act (§ 71.015 RSMo.1969), the City of Perryville sought authorization to annex a circumferential unincorporated area contiguous to its city limits. From a judgment favorable to the city, the defendants-appellants, who are residents and landowners in the area affected, have appealed raising as their principal challenge the sufficiency of the evidence to support the court...

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