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MOYNIHAN v. CITY OF MANCHESTER

No. ED 87579.

203 S.W.3d 774 (2006)

Robert MOYNIHAN, Appellant, v. CITY OF MANCHESTER and Barbara Burns Matthews, Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

October 17, 2006.

Attorney(s) appearing for the Case

Patrick C. Dowd, Chesterfield, MO, for appellant.

Patrick R. Gunn, Gino F. Battisti, C. John Pleban, Michael J. Schaller, St. Louis, MO, for Respondent.

GEORGE W. DRAPER III, P.J.

Robert Moynihan (hereinafter, "Moynihan") appeals from the judgment of the trial court granting Barbara Burn Matthews' (hereinafter, "Matthews") and the City of Manchester's (hereinafter, "the City") motions to dismiss and dismissing Moynihan's petition with prejudice. Moynihan raises six allegations of error. We reverse and remand.

Moynihan filed this taxpayer's declaratory judgment action against Matthews and the City to recover...

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