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GERSHMAN INV. v. DUCKETT CREEK SEWER DIST.

No. 62045.

851 S.W.2d 765 (1993)

GERSHMAN INVESTMENT CORP., Petitioner/Appellant, v. DUCKETT CREEK SEWER DISTRICT, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

April 20, 1993.

Attorney(s) appearing for the Case

Gerald K. Rabushka, Richard G. Byrd, St. Louis, for petitioner/appellant.

Niedner, Ahlheim, Bodeux & Dorseyy, Edward C. Ahlheim, Maryella Kelly, St. Charles, for respondent.

PUDLOWSKI, Judge.

This suit was brought to determine whether sections 249.255 and 249.645, RSMo Cum.Supp.1991, can be applied retrospectively to grant sewer liens priority over deeds of trust and liens recorded prior to the enactment of those statutes. The trial court granted judgment in favor of Respondent Duckett Creek Sewer District determining that the statute granted retrospective priority to sewer liens over pre-enactment deeds of trust. We reverse.

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