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STATE EX REL. BARBER & SONS v. JACKSON CTY.

No. WD 46569.

869 S.W.2d 113 (1993)

STATE of Missouri ex rel. BARBER & SONS TOBACCO COMPANY, INC., Appellant, v. JACKSON COUNTY, Missouri and Lake Lotawana Association, Inc., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 28, 1993.

Application to Transfer Denied February 22, 1994.

Attorney(s) appearing for the Case

Michael T. White, Polsinelli, White, Vardeman & Shalton, Kansas City, for appellant.

Lucie V. Wolcott, County Counselor Office, Kansas City, for respondent Jackson County, MO.

Patrick B. Starke, Welch & Starke, Blue Springs, for respondent Lake Lotawana Ass'n, Inc.

Before BERREY, P.J., and BRECKENRIDGE and HANNA, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 28, 1993.

BRECKENRIDGE, Judge.

Barber & Sons Tobacco Company (Barber) appeals the judgment of the trial court against Barber and in favor of Jackson County, Missouri (Jackson County) and intervenor Lake Lotawana Association, Inc., (Lotawana, Inc.) on Barber's action for declaratory judgment and damages. Barber contends on appeal that the trial court erred (1) in refusing to hold unreasonable...

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