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DAVIS STREET LAND v. PUBLIC WATER SUPPLY

No. ED 90906.

249 S.W.3d 925 (2008)

DAVIS STREET LAND COMPANY OF MISSOURI III, LLC, Plaintiff, v. PUBLIC WATER SUPPLY DISTRICT NO. 2 of St. Charles County, Missouri, Defendant/Respondent, and City of O'Fallon, Missouri, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

April 15, 2008.

Attorney(s) appearing for the Case

Kevin M. O'Keefe, Clayton, MO, for appellant.

Jesse W. Ullom, Chesterfield, Mark C. Piontek, Washington, MO, for respondents.

PATRICIA L. COHEN, Chief Judge.

City of O'Fallon (O'Fallon) appeals from a summary judgment in favor of Public Water Supply District No. 2 of St. Charles County (PWSD No. 2) on its cross-claim for breach of contract and injunction. The appeal is dismissed.

Davis Street Land Company of Missouri III, LLC (Davis) filed a petition against both O'Fallon and PWSD No. 2 in two counts, declaratory judgment and injunction. Plaintiff sought a determination that both...

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