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OURS v. CITY OF ROLLA

Nos. 22709, 22724.

14 S.W.3d 627 (2000)

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

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Modification Denied February 2, 2000.

Attorney(s) appearing for the Case

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

John D. Beger, Beger & Bushie, L.L.C., Rolla, for Defendants-Respondents-Cross-Appellants.

KERRY L. MONTGOMERY, Presiding Judge.

For the second time this case comes before us. Initially, Plaintiffs sought to enjoin Defendant City of Rolla (City), its mayor and city council members from selling city property known as Buehler Park to Cracker Barrel Old Country Store, Inc. (Cracker Barrel). The trial court ruled that Plaintiffs lacked standing to challenge the proposed sale of the park property. In Ours v. City of Rolla, 965 S.W.2d...

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