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NORDLINGER v. SCHELLHORN

No. WD 31491.

613 S.W.2d 184 (1981)

Felix C. NORDLINGER et al., Respondents, v. William J. SCHELLHORN et al., Constituting the Board of Trustees of the Village of Country Club, Missouri, Appellants.

Missouri Court of Appeals, Western District.

March 2, 1981.

Attorney(s) appearing for the Case

Kim Loving, St. Joseph, for appellants.

Stanley I. Dale, Candace J. Barnes, St. Joseph, for respondents.

Before PRITCHARD, P. J., and TURNAGE and CLARK, JJ.

CLARK, Judge.

This suit for declaratory judgment arose out of the establishment of sewer districts in the Village of Country Club, Andrew County. Plaintiffs, who own improved residential lots in the village, sought a declaration that ordinances setting the boundaries of sewer districts were arbitrary and discriminatory because plaintiffs were thereby denied practical access to a common sewer system. The trial court so found and directed that sewers be provided. The...

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