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CITY OF ST. PETERS v. DEPT. OF NAT. RESOURCES

No. WD 42967.

797 S.W.2d 514 (1990)

CITY OF ST. PETERS, Missouri, Plaintiff-Appellant, v. DEPARTMENT OF NATURAL RESOURCES OF the STATE OF MISSOURI, Defendant-Appellant, and St. Charles County, Missouri, Intervenor-Defendant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 2, 1990.

Application to Transfer Denied November 20, 1990.

Attorney(s) appearing for the Case

Maxine I. Lipeles, St. Louis, Thomas D. Vaughn, Jefferson City, Rollin J. Moerschel, St. Charles, for plaintiff-appellant.

Stephen G. Jeffery, Christopher M. Kehr, Missouri Dept. of Natural Resources, Jefferson City, for defendant-appellant.

Stephen Allen Martin, St. Charles, Mo., for intervenor-defendant-respondent.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied October 2, 1990.

BERREY, Judge.

This appeal is from the circuit court's dismissal of a declaratory judgment action brought by plaintiff-appellant, City of St. Peters, against defendant-appellant, the Department of Natural Resources (DNR). The circuit court dismissed the action for the failure of the City of St. Peters to exhaust its administrative remedies leaving the court without the jurisdiction...

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