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STATE EX REL. BALLARD v. LUTEN

No. 38761.

555 S.W.2d 855 (1977)

STATE of Missouri ex rel. Lawrence L. BALLARD, Marilyn Ballard, Albert J. Appel and Constance Appel, Relators, v. Drew W. LUTEN, Jr., Respondent.

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

August 16, 1977.

Attorney(s) appearing for the Case

Shifrin, Treiman, Bamburg & Dempsey, Harold B. Bamburg, Kenneth J. Heinz, St. Louis, for relators.

Thomas W. Wehrle, County Counselor, Dennis Morgan, Asst. County Counselor, Clayton, for County Council and St. Louis County.

Ziercher, Hocker, Tzinberg, Human & Michenfelder, Albert A. Michenfelder, Jr., Clayton, for respondent.

NORWIN D. HOUSER, Special Judge.

Prohibition. The question for determination is which of two statutes governs the time allowed for filing an appeal from an order of the St. Louis County Council made pursuant to § 71.270,1 vacating 45 feet of Shady Meadows Drive, a public street in a platted subdivision located in St. Louis County outside the corporate limits of any municipality. Two corporations...

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