STATE EX REL. MD. HEIGHTS, ETC. v. CAMPBELL

No. 69094.

736 S.W.2d 383 (1987)

STATE ex rel. MARYLAND HEIGHTS FIRE PROTECTION DISTRICT, a political subdivision, Relator, v. Honorable Robert L. CAMPBELL, Judge, Circuit Court, St. Louis County, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 13, 1987.


Attorney(s) appearing for the Case

Daniel P. Card, II, Chester A. Love, St. Louis, for relator.

Thomas W. Wehrle, County Counselor, Patricia Redington, Asst. County Counselor, Clayton, for respondent.


HIGGINS, Judge.

The Maryland Heights Fire Protection District seeks to prevent the condemnation of its property by the St. Louis County Director of Highways and Traffic and the St. Louis County Counselor. Relator Fire District contends that Judge Campbell is without jurisdiction to hear the condemnation proceeding because the County cannot take property owned by another political subdivision already devoted to public use. The Court holds under the facts of this case...

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