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MARTEE v. CITY OF KENNETT

No. 16393.

784 S.W.2d 621 (1990)

William MARTEE, Plaintiff-Appellant, v. CITY OF KENNETT, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 16, 1990.

Attorney(s) appearing for the Case

John E. Counts, L. Joe Scott, Daniel T. Moore, Poplar Bluff, for plaintiff-appellant.

Stephen P. Sokoloff, Sharp and Sokoloff, Kennett, for defendant-respondent.

MAUS, Judge.

By his petition for a declaratory judgment the plaintiff, a nonconsenting owner of a peninsula or an enclave in an area surrounded by consenting owners, seeks to establish that Ordinance 2040, annexing the surrounding area to the City of Kennett, adopted pursuant to § 71.012, is invalid. Upon the basis of the petition, as explained by a stipulation, the trial court found the plaintiff had no standing to contest the validity of the annexing ordinance...

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