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ST. LOUIS COUNTY v. MOORE

No. 59715.

818 S.W.2d 309 (1991)

ST. LOUIS COUNTY, Appellant/Plaintiff, v. Thomas P. MOORE, et al., Respondents/Defendants.

Missouri Court of Appeals, Eastern District, Division One.

October 29, 1991.

Attorney(s) appearing for the Case

Douglas B. Rudman, Michael A. Shuman, Asst. County Counselors, Clayton, for appellant/plaintiff.

Nicholas Glen Higgins, Clayton, K. Steven Jones, Ellen Levy Siwak, Evans & Dixon, St. Louis, respondents/defendants.

CRANE, Judge.

Plaintiff, St. Louis County, appeals from the order of the trial court dismissing its claim for common law trespass on real property on the grounds that 1) the county had no common law cause of action for trespass and 2) the county had an exclusive statutory remedy for trespass under § 49.490 RSMo 1986 which was barred by a three year statute of limitations. We reverse on the grounds that the statutory remedy for § 49.490 is not exclusive and...

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