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S & P PROPERTIES, INC. v. CITY OF UNIVERSITY CITY

No. ED 85520.

178 S.W.3d 579 (2005)

S & P PROPERTIES, INC., Appellant, v. CITY OF UNIVERSITY CITY, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 25, 2005.

Application for Transfer Denied December 20, 2005.

Attorney(s) appearing for the Case

John Mulligan, Jr., St. Louis, MO, for respondent.

Richard Fischer, St. Louis, MO, for appellant.

David Knieriem, Clayton, MO, Co-counsel for appellant.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 25, 2005.

OPINION

GLENN A. NORTON, Judge.

S & P Properties, Inc. filed a petition challenging the validity of and methods of enforcement used under University City's refuse collection ordinances and seeking a refund of amounts paid under the ordinances. The trial court granted the City's motion to dismiss for failure to state a claim upon which relief can be granted,...

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