CITY OF SUGAR CREEK v. LARKIN

No. WD 52001.

926 S.W.2d 934 (1996)

The CITY OF SUGAR CREEK, Appellant, v. William L. LARKIN, Connie Jane Larkin, Ronald D. Wheeler, David Obermeyer, Paul A. Angelides, Town of River Bend, James D. Tindall, Silvia A. Rizzo, Lisa White Hardwick, Fred Arbanas, Dominick Armato, Dennis Waits, Ed Growney, Mary Lou Smith, Robert E. Hertzog, Marsha J. Murphy, County Legislature of Jackson County, and Jackson County, Respondents.

Missouri Court of Appeals, Western District.

August 20, 1996.


Attorney(s) appearing for the Case

Charles Robert Buckley, Independence, for appellant.

Douglas J. Patterson, Leawood, KS, for respondents.


SPINDEN, Judge.

After the Jackson County Legislature included part of Sugar Creek in the new town of River Bend, Sugar Creek sued. The circuit court "ousted" River Bend "from exercising any authority or jurisdiction over" Sugar Creek's land and ruled that the county legislature could cure the defect by allowing River Bend to amend its petition of incorporation. Sugar Creek appeals, claiming that the correct remedy was to declare River Bend's petition of incorporation...

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