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CITY OF CHESTERFIELD v. DESHETLER HOMES

No. 70537.

938 S.W.2d 671 (1997)

CITY OF CHESTERFIELD, Appellant, v. DESHETLER HOMES, INC., Respondent.

Missouri Court of Appeals, Eastern District, Division One.

February 18, 1997.

Attorney(s) appearing for the Case

Douglas R. Beach, Robert M. Heggie, St. Louis, for appellant.

Douglas S. Dove, St. Louis, for respondent.

DOWD, Presiding Judge.

The City of Chesterfield (City) appeals from the trial court's order dismissing its complaint against DeShetler Homes, Inc. (Developer). City alleges the trial court erred by failing to treat all the facts in the information as true. We reverse and remand.

I. Background

On March 15, 1986, the St. Louis County Council issued Ordinance 12,528 authorizing Developer to construct and develop a subdivision within City's limits. One...

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