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STATE EX REL. MO. CITIES WATER v. HODGE

No. 76344.

878 S.W.2d 819 (1994)

STATE of Missouri, ex rel. MISSOURI CITIES WATER COMPANY, Relator, v. Hon. Edward D. HODGE, Judge of the 12th Judicial Circuit, Audrain County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

June 21, 1994.

Attorney(s) appearing for the Case

Byron E. Francis, Timothy J. Tryniecki, Ann E. Buckley, St. Louis, for relator.

Louis J. Leonatti, Randall P. Baker, Mexico, for respondent.

PRICE, Judge.

The City of Mexico initiated this proceeding seeking to condemn a waterworks system owned and operated by Missouri Cities Water Company ("Missouri Cities"). Missouri Cities seeks a writ of prohibition on the ground that the Circuit Court of Audrain County lacks jurisdiction to hear the condemnation proceeding because Mexico is without authority to take private property that is already devoted to a public use...

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