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STATE EX REL. ROSENFELD v. ST. CHARLES CTY.

Nos. 63801, 63819.

871 S.W.2d 614 (1994)

STATE of Missouri, ex rel., Donald S. ROSENFELD, James C. Rosner, Paul Burkemper, d/b/a B.R.R. Partnership, T. Pat Manning, and Manning Transport Inc., Relators-Appellants, v. ST. CHARLES COUNTY, Missouri, Gerald E. Olhms, Nancy C. Becker and Robert A. Perkins, Defendants-Respondents, and City of St. Peters, Missouri, Intervenor-Defendant-Respondent. STATE of Missouri, ex rel., CITY OF ST. CHARLES, Missouri, A Municipal Corporation, and Heatherbrook Homeowner's Association, A Not for Profit Corporation, and Jane Crider, Darby Tally and Joe Lyons, Relators-Appellants, v. ST. CHARLES COUNTY, Missouri, A Non Charter First Class County, et al., and Eugene Schewndemann, William Luetkenhaus, Paul Schnare, and City of St. Peters, Missouri, Relators.

Missouri Court of Appeals, Eastern District, Division Two.

March 8, 1994.

Attorney(s) appearing for the Case

Green, Hennings & Henry, Lewis C. Green, Bruce A. Morrison, St. Louis, for relators-plaintiffs-appellants Rosenfeld et al.

Stephen A. Martin, Stephanie K. Gastman, Harold A. Ellis, Office of St. Charles County Counselor, St. Charles, for defendants-respondents.

Thompson & Mitchell, Rollin J. Moerschel, St. Charles, for intervenor-defendant-respondent.

Drakesmith & Burke, Frederick W. Drakesmith, Anthony D. Linson, St. Charles, for relators-appellants Tally and Lyons.

KAROHL, Judge.

This appeal follows judgments entered in two consolidated cases. The plaintiffs consisted of the City of St. Charles and individuals and businesses owning real estate in the proximity of a rock quarry. The purpose of both lawsuits was to prevent the City of St. Peters from using the twenty-nine acre, mined-out rock quarry as a sanitary landfill and recycling center. The parties in these cases were not identical and the theories pleaded in the petitions...

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