LUSARDI v. KENSINGTON BULDG. CORP.

No. ED 85063.

220 S.W.3d 304 (2005)

Dean A. LUSARDI, M.D. and Donna Lusardi, Plaintiffs/Respondents, v. KENSINGTON BUILDING CORPORATION, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied January 24, 2006.

Application for Transfer Denied February 28, 2006.


Attorney(s) appearing for the Case

I.I. Lamke, Isidore I. Lamke, Washington, MO, for appellant.

Eckelkamp Kuenzel LLP, Steven P. Kuenzel, Washington, MO, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied January 24, 2006.

OPINION

MARY K. HOFF, Presiding Judge.

Kensington Building Corporation (Kensington) appeals the monetary judgment the trial court entered, after a non-jury trial, on the claim of Dean A. Lusardi, M.D., and Donna Lusardi (the Lusardis) for injunctive relief or damages based on the loss of lateral support for the Lusardis' property due to Kensington's excavation and building...

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