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GUNTER v. CITY OF ST. JAMES

No. 24866.

91 S.W.3d 724 (2002)

Charles E. GUNTER, Jr., and Joy a. Gunter, Plaintiffs-Respondents, v. CITY OF ST. JAMES, Missouri, A Missouri municipal corporation, Appellant, Charles Walls, Jimmy Wayne White, Margaret Roberts, Jesse Singleton, Stanley Johnston, Sam Auxier, Don Moore, and Rick Krawiecki, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

December 20, 2002.

Attorney(s) appearing for the Case

W.H. Thomas, Jr., Emily Woodward, Thomas, Birdsong & Mills, P.C., Rolla, for appellants.

J. Ken Robinson, Williams, Robinson, White & Rigler, P.C., Rolla, for respondents.

NANCY STEFFEN RAHMEYER, Chief Judge.

A seven-count petition was filed by Charles E. Gunter, Jr. and Joy A. Gunter ("Respondents") against the City of St. James, Missouri and its individual council members (collectively, "the City") for a judgment compelling the City to allow resubdivision of a residential lot ("Lot 33") within the city limits of St. James, Missouri and for damages. Count I petitioned for a preemptory writ of mandamus to force the City to approve the...

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