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FISCHER v. CITY OF WASH.

Nos. ED 78429, ED 78465.

55 S.W.3d 372 (2001)

Alfred J. FISCHER, Nancy A. Fischer, Alfred G. Fischer, Shirley M. Fischer, Ralph A. Riegal, Eugene Kleekamp, Rose Kleekamp, James G. Hillermann, Mary Jo Hillermann-Marquart, Russel Mayer, Rosalie Mayer, Roger Koch, Doris Koch, Betty J. Smith, Edward H. Jasper, Karen Jasper, Mark Jasper, John Joseph Jasper and Dean O. Jasper, Respondents. v. CITY OF WASHINGTON, Missouri, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied August 16, 2001.

Application for Transfer Denied September 25, 2001.

Attorney(s) appearing for the Case

Mark C. Piontek, Lewis, Rice & Fingersh, L.C., Washington, MO, for appellant.

David L. Baylard, Gordon Rolla Upchurch, Baylard, Billington & Dempsey, P.C., Union, MO, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 16, 2001.

JAMES R. DOWD, Judge.

This is an appeal from the grant of Plaintiff landowners' motion for Partial Summary Judgment. The petition upon which judgment was granted alleged that an agreement between the City of Washington and Franklin County was invalid and that a resolution passed by the city was an illegal exercise of the city's power as granted by statute and the Missouri Constitution...

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