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NEWMAN v. CITY OF WARSAW

No. WD 62149.

129 S.W.3d 474 (2004)

James E. NEWMAN and, Boring's Country Estates, Inc., Appellants, v. CITY OF WARSAW, Missouri, and Lou Ann Breshears, and Ken Brown, and Corbin Cain, and Krysti Woods, and Dick Fry, and Sandra Ward, Respondents, Jay Nixon, Attorney General, Defendant.

Missouri Court of Appeals, Western District.

March 30, 2004.

Attorney(s) appearing for the Case

Sherwin Epstein, Kansas City, for appellant.

Robert S. Drake, Jr., Warsaw, Kelly Charles Tobin, Randy Paul Scheer, John Gerard Schults, Kansas City, and Steven Andrew Fritz, Sedalia, for respondent.

RONALD R. HOLLIGER, Judge.

James Newman appeals the dismissal of his declaratory judgment action filed against the City of Warsaw and individual members of the City's Board of Aldermen opposing the proposed annexation of certain unincorporated land adjoining the City. We find that the trial court erred by dismissing Newman's suit against the City but affirm the trial court's dismissal of the individual members of the Board of Aldermen from the case. The matter is...

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