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SHAFFER v. CITY OF PACIFIC

Nos. 58500 and 58539.

807 S.W.2d 207 (1991)

John SHAFFER, et al., Plaintiffs/Respondents/Cross-Appellants, v. CITY OF PACIFIC, et al., Defendants/Appellants/ Cross-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

April 16, 1991.

Attorney(s) appearing for the Case

Timothy Joseph Melenbrink, Union, for defendants/appellants/cross-respondents.

Stanley Dale Williams, St. Clair and David L. Baylard, Briegel, Dempsey, Baylard & Patane, Union, for plaintiffs/respondents/cross-appellants.

REINHARD, Presiding Judge.

Plaintiffs filed suit for declaratory judgment in the circuit court against the City of Pacific and its building inspector, John Berra, seeking a declaration that their use of property was a "valid nonconforming use." Plaintiffs also alleged an inverse condemnation by the City. The trial court granted defendants' motion to dismiss the inverse condemnation count, but denied defendants' motion to dismiss the declaratory judgment action, and...

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