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HEMSATH v. CITY OF O'FALLON

No. ED 89776.

261 S.W.3d 1 (2008)

David HEMSATH, the Estate of Melvin Hemsath and the Lillian Hemsath Trust, Plaintiffs/Respondents, v. CITY OF O'FALLON, Missouri, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Application for Transfer Denied July 14, 2008.

Attorney(s) appearing for the Case

Blackwell Sanders LLP, Eric D. Martin, Joshua C. Devine, St. Louis, MO, for appellant.

Niedner, Bodeux, Carmichael, Huff, Lenox, and Pashos, LLP, Charles W. Niedner, Co-Counsel, Knight & Tomich, Jane E. Tomich, Co-Counsel, St. Charles, MO, for respondents.

MARY K. HOFF, Presiding Judge.

The City of O'Fallon (City) appeals from the judgment in favor of David Hemsath (Hemsath) arising from an alleged breach of a sewer provision contained in a Petition for Voluntary Annexation (Annexation Petition). On appeal, the City argues the trial court erred in: (1) finding Hemsath had standing to sue the City after he sold the annexed property; (2) holding the City had breached the sewer provision after the annexation petition was...

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