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SIEGEL v. CITY OF BRANSON, MO.

Nos. 20961, 21139.

952 S.W.2d 294 (1997)

Robert M. SIEGEL, The Headwaters, Inc., Ralph Swanson and Mary Swanson, husband and wife, Randal Swanson, Pam Fultz, Wesley Lock, Turkey Creek R.V. Village, a Limited Partnership, Glen Johnson Enterprises, Inc., Ozark Country Campground, Inc., America's Best Campground, Inc., Camp-A- Lot, Inc., Compton Ridge Campground, Inc., Branson Gallery, Inc., Johnette T. Seay, Old Shepherd's Campground, Inc., Don Coleman, George Gerth and Joan Gerth, husband and wife, Donald J. Lock and Loretta Lock, husband and wife, Plaintiffs-Appellants, v. The CITY of BRANSON, Missouri, a Municipal Corporation, Defendant-Respondent. Harold HARVEY, Lloyd Graybill and Lynn Graybill, husband and wife, Glen Johnson Enterprises, Inc., Robert B. Klein and Sharon Klein, husband and wife, Plaintiffs-Appellants, v. The CITY of BRANSON, Missouri, a Municipal Corporation, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Application to Transfer Denied by August 28, 1997.

Application to Transfer Denied by September 30, 1997.

Attorney(s) appearing for the Case

Kenneth W. Johnson, Twibell, Greene, Johnson & Kizer, Springfield, for plaintiffs-appellants.

Gary W. Allman, Cantwell, Allman, Smith & Trokey, L.L.P., Branson, for defendant-respondent.

Application to Transfer Denied by Court of Appeals August 28, 1997.

Application to Transfer Denied by Supreme Court September 30, 1997.

PREWITT, Judge.

The principal dispute here is whether Defendant City of Branson may operate a campground. The trial judge determined that it could, finding these facts, which essentially are not in dispute:

1. Defendant City of Branson operates its two adjoining campgrounds as a part of its park system, under...

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