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  5. 753 S.W.2d 49 (1988)
 

LOVING v. CITY OF ST. JOSEPH

No. WD 39991.

753 S.W.2d 49 (1988)

Kim LOVING and Cathy Loving, Appellants, v. CITY OF ST. JOSEPH, Missouri and St. Joseph Tennis Foundation, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 28, 1988.

Application to Transfer Denied July 26, 1988.

Attorney(s) appearing for the Case

Kim Loving, St. Joseph, for appellants.

George S. Murray, Asst. City Atty., St. Joseph, for City of St. Joseph.

Ronald S. Reed, Jr., St. Joseph, for St. Joseph Tennis Foundation.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied June 28, 1988.

TURNAGE, Judge.

Kim Loving and his wife, Cathy, filed suit against the City of St. Joseph and the St. Joseph Tennis Foundation seeking a declaratory judgment that fees charged for the use of municipal tennis courts were contrary to Article X, Section 22 of the Missouri Constitution. The court dismissed the cause for failure to state a cause of action upon which relief could be granted...

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