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STRAATMANN ENTERPRISES v. CTY. OF FRANKLIN

No. WD 56741.

4 S.W.3d 641 (1999)

STATE ex rel. STRAATMANN ENTERPRISES, INC., and Edward C. Straatmann and Nancy Straatmann, Appellants, v. COUNTY OF FRANKLIN, Franklin County Commission, Missouri Highway and Transportation Commission, and Missouri Department of Transportation, Respondents.

Missouri Court of Appeals, Western District.

November 9, 1999.

Attorney(s) appearing for the Case

David L. Baylard, Union, for Appellants.

Rich Tiemeyer, Bryce D. Gamblin, Mo. Highway & Transportation Comm'n, Jefferson City, for Respondent.

Before: ULRICH, P.J., and EDWIN H. SMITH and HOWARD, JJ.

EDWIN H. SMITH, Judge.

Straatmann Enterprises, Inc., and Edward C. and Nancy Straatmann appeal the summary judgment of the circuit court for the respondent, the Missouri Highway and Transportation Commission (the MHTC), on their petition: (1) for declaratory judgment seeking a declaration that the MHTC's action of voiding their outdoor advertising permits, pursuant to 7 C.S.R. 10-6.070(6)(C) (1994), was unlawful; and (2) for injunctive relief enjoining the MHTC from...

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