OURS v. CITY OF ROLLA

No. 21626.

965 S.W.2d 343 (1998)

Ronald OURS and Darlene Ours, Ross Melick, Jeffrey W. Spencer, Grette Herrick, David Mejers and Meschelle Mejers, and James Joiner and Verjean Joiner, Plaintiffs-Appellants, v. CITY OF ROLLA, Missouri, a municipal corporation; Elwyn E. Wax, Mayor; Edward Rothwell, Kenneth Smith, Gladys Light, Ed Owsley, Wilton Pointer, Susan Eudaly, Louis Magdits, Mark Rolufs, Ray Hovelmann, Jim Williams, Robin Kordes, and Mary Daily, members of City Council, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied March 25, 1998.

Application for Transfer Denied May 26, 1998.


Attorney(s) appearing for the Case

Lewis C. Green, Bruce A. Morrison, Kathleen G. Henry, Green, Hennings & Henry, St. Louis, for Plaintiffs-Appellants.

John D. Beger, Rolla, for Defendants-Respondents.


PREWITT, Judge.

Plaintiffs sought to enjoin Defendant City of Rolla, its mayor, and city council members from selling property in the city known as Buehler Park. After non-jury trial, judgment was entered determining that Plaintiffs lacked standing to challenge the proposed sale of the park property. The judgment also appeared to decide the matter on the merits, and in it Plaintiffs were denied the relief sought. Plaintiffs appeal.

Review is under Rule 73...

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