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STATE EX REL. DEPT. OF NAT. RESOURCES v. TURKEY CREEK, INC.

No. 20942.

944 S.W.2d 286 (1997)

STATE of Missouri ex rel., MISSOURI DEPARTMENT OF NATURAL RESOURCES, Plaintiff-Appellant, v. TURKEY CREEK, INC., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

April 25, 1997.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Kara L. Johnson, Asst. Atty. Gen., Jefferson City, for plaintiffs-appellants.

Douglas R. Kennedy, Kennedy & Kennedy, Poplar Bluff, for defendant-respondent.

PREWITT, Judge.

Plaintiff-Appellant sought injunctive and other relief against Defendant regarding two dams owned by Defendant. The trial court determined that the dams were less than thirty-five feet in height, thus making them not subject to regulation by the Missouri Department of Natural Resources, under the Dam and Reservoir Safety Law, §§ 236.400 to 236.500, RSMo 1994.

Review is under Rule 73.01...

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