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WEATHERBY LAKE IMP. CO. v. SHERMAN

No. WD 31277.

611 S.W.2d 326 (1980)

WEATHERBY LAKE IMPROVEMENT CO., Respondent, v. Joseph SHERMAN et al., and Robert D. Crist, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 2, 1981.

Application to Transfer Denied March 9, 1981.

Attorney(s) appearing for the Case

James R. Sandifar, Bunch, O'Sullivan, Sandifar & Hill, Kansas City, for appellants.

R. Michael McGinness, Clevenger, Fickle & McGinness, Platte City, for respondent.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.

TURNAGE, Presiding Judge.

Weatherby Lake Improvement Company filed a declaratory judgment action seeking approval for the levy of an assessment to pay the cost of improvements to the dam and spillway by which Weatherby Lake was formed. The court declared the Company had the right to levy such an assessment and Robert Crist appeals.

Crist contends the court erred in its judgment because (1) the assessment was approved by the board of directors of the Company...

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