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LODGE OF THE OZARKS, INC. v. CITY OF BRANSON

No. 16248.

796 S.W.2d 646 (1990)

LODGE OF THE OZARKS, INC., a Missouri Corporation, Plaintiff-Appellant, v. CITY OF BRANSON, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

October 9, 1990.

Attorney(s) appearing for the Case

John H. Schmidt, Harvey S. Allen, Schmidt, Kirby & Sullivan, P.C., Springfield, for plaintiff-appellant.

M. Sean McGinnis, Turner, Reid, Duncan, Loomer & Patton, P.C., Springfield, for defendant-respondent.

FLANIGAN, Chief Judge.

Plaintiff, Lodge of the Ozarks, Inc., ("the lodge"), a Missouri corporation, brought this declaratory judgment action against defendant, City of Branson, a city of the fourth class. The principal matter in dispute is whether the lodge must pay the city two fees to obtain issuance of a building permit. The disputed fees are a capacity fee of $94,185 in order to have access to the city's sanitary sewer system, and a building permit fee of $29...

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