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ST. PETERS v. WINTERHOFF LIVING TRUST

No. ED 79579.

77 S.W.3d 17 (2002)

CITY OF ST. PETERS, Missouri, Appellant, v. RONALD A. WINTERHOFF LIVING TRUST, et al., Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

May 21, 2002.

Attorney(s) appearing for the Case

David T. Hamilton, Hazelwood & Weber LLC, St. Charles, MO, for Appellant.

James A. Borchers, Stuhler & Borchers, P.C., St. Charles, MO, for Respondent.

PAUL J. SIMON, Judge.

The City of St. Peters (City) appeals the judgment of the Circuit Court of the County of St. Charles denying City's action seeking a declaratory judgment in favor of its proposed annexation of unincorporated territory (territory) located near Highway 94 in St. Charles County, Missouri. On appeal, City contends that the trial court erred because: (1) it applied an improper standard of review when it found that the burden of proof was on City to...

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