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BOARD OF EDUC. OF CITY OF ST. LOUIS v. DALY

No. ED 90887.

272 S.W.3d 228 (2008)

The BOARD OF EDUCATION OF the CITY OF ST. LOUIS, Petitioner, v. Gregory F.X. DALY, Collector of the City of St. Louis, Respondent/Third-Party Plaintiff/Respondent, v. Value St. Louis Associates, L.P. and STL 300 N. 4th, LLC, Third-Party Defendants/Appellants, and State Tax Commission, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 13, 2008.

Application for Transfer Denied January 27, 2009.

Attorney(s) appearing for the Case

Jane Ellen Dueker, Cicely Irene Miederhoff, James Carter Hetlage, Saint Louis, MO, for Petitioner.

Mark E. Long, Jefferson City, MO, for Appellant.

Anthony J. Sestric, Saint Louis, MO, for Respondent/Third-Party Plaintiff.

Thomas L. Caradonna, Richard Aloysius Ahrens, Saint Louis, MO, for Third-Party Defendants/Appellants.

SHERRI B. SULLIVAN, J.

Introduction

Value St. Louis Associates, L.P. and STL 300 N. 4th, LLC (Taxpayers), and the State Tax Commission (Commission) (collectively Appellants), appeal from the trial court's June 13, 2007 Order and Judgment (Judgment) reversing the Commission's Order that Taxpayers are entitled to refunds for taxes paid for the years 2003, 2004 and 2005, finding that Taxpayers did not properly pay the taxes under protest pursuant to...

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