CITY OF PECULIAR v. MARTIN MARIETTA MATERIALS, INC.

No. WD 67943.

259 S.W.3d 597 (2008)

CITY OF PECULIAR, Missouri, Respondent, v. MARTIN MARIETTA MATERIALS, INC., Appellant.

Missouri Court of Appeals, Western District.

July 29, 2008.


Attorney(s) appearing for the Case

Robert K. Sellers, Esq., Kansas City, MO and Co-Counsel, Roland B. Miller, III, Kansas City, MO, for appellant.

James E. Thompson, Jr., Harrisonville, MO and Co-Counsel Steven E. Mauer, Esq., Kansas City, MO; Megan J. Redmond, Esq., Kansas City, MO; and Jeffrey A. Bullins, Esq., Overland Park, KS, for respondent.

Before Div IV: HOWARD, P.J., HARDWICK and WELSH, JJ.


LISA WHITE HARDWICK, Judge.

This appeal arises from a declaratory judgment authorizing the City of Peculiar ("City") to annex unincorporated land adjacent to the City limits. Martin Marietta Materials, Inc. ("MMM"), which owns and operates a quarry on the annexed land, challenges the sufficiency of the evidence to support the circuit court's finding that the annexation is reasonable and necessary for proper development of the City. For reasons explained herein, we...

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