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ESSEX CONTRACTING, INC. v. JEFFERSON COUNTY

No. SC 89407.

277 S.W.3d 647 (2009)

ESSEX CONTRACTING, INC., and Federal Insurance Company, Appellants/Cross-Respondents, v. JEFFERSON COUNTY, Missouri, Respondent, Patrick J. Acheson, et al., Respondents, J.H. Berra Paving Co., Inc., and Boling Concrete Const., Inc., Respondents/Cross-Appellants.

Supreme Court of Missouri, En Banc.

February 24, 2009.

Attorney(s) appearing for the Case

Dana Hockensmith, Hockensmith Tatlow McKinnis Hammill, P.C., St. Louis, MO, for Appellants/Cross-Respondents.

Ted F. Frapolli, The Law Firm of Ted F. Frapolli, St. Louis, MO, for Respondents/Cross-Appellants Boling Concrete Const., Inc.

Pamela M. Triplett, Law Offices of Donald B. Balfour, Chesterfield, MO, for Respondents/Cross-Appellants J.H. Berra Paving Co., Inc.

Paul V. Rost, Emily Rushing Kelly, Ryan A. Moehlman, Cunningham, Vogel & Rost, St. Louis, MO, for Respondents Patrick J. Acheson, et al.

Dennis Kehm, Jr., Jefferson County Counselor, Hillsboro, MO, for Respondent Jefferson County, Missouri.

PER CURIAM.

Factual Background

Essex Contracting, Inc., was the developer of the Winter Valley subdivision in Jefferson County. Essex agreed to adhere to the county subdivision regulations, which required that a bond be posted or that the improvements be constructed before final plat approval. Essex sought approval before construction and, so, posted three separate bonds for each of the three phases of construction. The bonds totaled $3,598,249.79 and were...

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