WESTBOROUGH MALL v. CITY OF CAPE GIRARDEAU, MO.

Nos. 89-1766, 91-1585.

953 F.2d 345 (1991)

WESTBOROUGH MALL, INC., a Corp.; George Staples, Jr., individually, and as sole general partner of Westborough Mall Associates, a Missouri Limited Partnership, Appellants, v. CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation; Paul W. Stehr; Oliver A. Hope; Robert K. Herbst; Howard C. Tooke; Samuel L. Gill; Gail L. Woodfin; W.G. Lawley, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1991.


Attorney(s) appearing for the Case

Robert H. Freilich, Kansas City, Mo., argued (Richard G. Carlisle and Andrew S. Lipton, on the brief), for appellants.

Stephen E. Strom, Cape Girardeau, Mo., argued (Craig M. Billmeyer, on the brief), for appellees.

Before McMILLIAN, Circuit Judge, HEANEY, Senior Circuit Judge, and FAGG, Circuit Judge.


FAGG, Circuit Judge.

Westborough Mall, Inc., George Staples, Jr., and Westborough Mall Associates (collectively Westborough) brought this civil rights action against the City of Cape Girardeau, the city council, and the city manager, asserting the City deprived Westborough of property rights without due process. Westborough's claim stems from the city manager's erroneous statement that a zoning classification permitting development of a shopping mall on Westborough...

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