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INTER CITY FIRE PROTECTION DIST. v. DEPUNG

No. WD 69822.

283 S.W.3d 277 (2009)

INTER CITY FIRE PROTECTION DISTRICT, Appellant, v. Danny DEPUNG, Respondent.

Missouri Court of Appeals, Western District.

April 7, 2009.

Attorney(s) appearing for the Case

William P. Cronan, II, Esq., Rocheport, MO, for appellant.

Danny DePung, pro se, for respondent.

Before DIV I: ALOK AHUJA, Presiding Judge, HAROLD L. LOWENSTEIN, Judge and THOMAS H. NEWTON, Chief Judge.

HAROLD L. LOWENSTEIN, Judge.

The only issue raised in this appeal is whether the circuit court has subject matter jurisdiction to hear a petition brought on behalf of a fire protection district on a vote of two of the three directors, pursuant to Section 321.190,1 to remove one of its directors. The trial court dismissed the petition for lack of subject matter jurisdiction, holding that the only mechanism by which an elected director could...

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