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SCHLERETH v. HARDY

No. SC 89402.

280 S.W.3d 47 (2009)

James SCHLERETH, Appellant/Cross-Respondent, v. Jane Tillman HARDY, Respondent/Cross-Appellant, Jefferson County Collector of Revenue, Defendant.

Supreme Court of Missouri, En Banc.

March 31, 2009.

Attorney(s) appearing for the Case

Stanley D. Schnaare, Michelle L. Mellendorf, The Schnaare Law Firm, PC, Hillsboro, MO, for Appellant/ Cross-Respondent.

Earl G. Burton, III, Webster Groves, MO, for Respondent/ Cross-Appellant.

MICHAEL A. WOLFF, Judge.

Introduction

This case echoes a familiar refrain in the lore and constitutional law of notice: Due process requires notice, but what notice will do?

James Schlereth bought a piece of property that Jefferson County sold because the owner was delinquent in property taxes. Schlereth thereafter sent a notice of redemption rights to the tax-delinquent former owner by certified mail. The postal service attempted delivery twice...

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