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LITTLE PORTION FRANCISCAN SISTERS v. BOATRIGHT

No. 23296.

26 S.W.3d 443 (2000)

LITTLE PORTION FRANCISCAN SISTERS, INC., Lorene Louise Boatright, and John O. Howell, Plaintiffs-Appellants, v. Doug BOATRIGHT, in his capacity as Mayor of the City of Republic, Missouri, and Tom Cunningham, Darryl Barr, Stan Heimer, Doug Shy, Rabbi Dewayne Willis, Robert Swearingin, Jim Huntsinger, and Bill Pool, in their capacity as Aldermen in the City of Republic, Missouri, and The City of Republic, Missouri, a Municipal Corporation, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied August 16, 2000.

Application for Transfer Denied October 3, 2000.

Attorney(s) appearing for the Case

Don G. Busch, Lathrop & Gage, L.C., Springfield, for Appellants.

James M. Kelly, Springfield, for Respondents.

Before PREWITT, J., GARRISON, J., and BARNEY, J.

PER CURIAM.

This is an appeal from a judgment entered in a suit for declaratory judgment and injunction filed by Plaintiffs against the City of Republic, Missouri, its mayor, and the members of its Board of Aldermen ("Defendants"). In that suit, Plaintiffs, property owners in Republic, sought a declaration that Republic was restricted in the manner it could use the proceeds of sewer bonds, and an injunction to prevent what they consider to be unauthorized use of those...

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