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CITY OF TOWN & COUNTRY v. GOLDMAN

No. 56451.

778 S.W.2d 300 (1989)

CITY OF TOWN & COUNTRY, et al., Relators, v. The Hon. Stephen H. GOLDMAN, Respondent.

Missouri Court of Appeals, Eastern District, Writ Division One.

July 11, 1989.

Attorney(s) appearing for the Case

Robert Hoemeke, St. Louis, for relators.

Jerome Wallach, St. Louis, for respondent.

DOWD, Judge.

Plaintiff owns a tract of land which, since a 1951 annexation, has been taxed as part of the municipality of Town & Country. In 1988, plaintiff filed an action for declaratory judgment, requesting a declaration that the 1951 annexation was void as to this property. The then-existing statute under which the land was annexed, § 80.030 RSMo 1949, stated that a municipality could not annex farm land unless it had the owner's consent. Plaintiff claims...

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