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STATE EX REL. NIXON v. CHILDERS

Nos. WD 66892, WD 67051.

243 S.W.3d 403 (2007)

STATE of Missouri, ex rel. Jeremiah W. (Jay) NIXON, Attorney General, Appellant-Respondent, v. Doyle CHILDERS, Director of Missouri Department of Natural Resources, The Missouri Department of Natural Resources, Respondent-Appellant, Union Pacific Railroad Co., Respondent, City of Boonville, Missouri, Amicus Curiae, Raye Reynolds, Frederick Brunner, Pat Jones, G. Tracy Mehan, III, Steve Mahfood, Amicus Curiae.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 18, 2007.

Application for Transfer Denied February 19, 2008.

Attorney(s) appearing for the Case

Mark A. Mattingly, Esq., St. Louis, for Union Pacific.

Karen K. Mitchell, Esq., Jefferson City, for State of Missouri.

James K. Lowry, Esq., for respondent-appellants.

Dale Reesman, Esq., Boonville, MO, for City of Boonville.

Bruce A. Morrison, Esq., St. Louis, MO, for Amicus Curiaes.

Before: LOWENSTEIN, P.J., ELLIS and HARDWICK, JJ.

HARDWICK, Judge.

This appeal arises from a summary judgment ruling that the State of Missouri ("State") has no property rights in a railroad lift bridge ("Boonville bridge"), which crosses the Missouri River at Boonville, Missouri. The State contends the circuit court erred in determining that it did not acquire such rights under the terms of a contractual agreement between the Missouri Department of Natural Resources ("DNR") and the Missouri-Kansas-Texas Railroad...

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