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STATE EX REL. CHASTAIN v. CITY OF KANSAS CITY

No. WD 70100.

289 S.W.3d 759 (2009)

STATE of Missouri, ex rel. Karen CHASTAIN, et al., Appellants, v. CITY OF KANSAS CITY, Missouri, et al., Respondents.

Missouri Court of Appeals, Western District.

Application for Transfer to Supreme Court Denied June 23, 2009.

Application for Transfer Denied September 1, 2009.

Attorney(s) appearing for the Case

Valerie A. Chastain, Esq., Bedford, VA, for appellant.

Douglas McMillan, Esq., Galen P. Beaufort, Esq., George S. Diegel, Esq., Kansas City, Jon M. Krebbs, Esq., Liberty and Steven B. Salmon, Esq., Gladstone, MO, for respondent.

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

HAROLD L. LOWENSTEIN, Judge.

I. OVERVIEW

This is a suit filed under section 527.010, RSMo 2000 et seq., to have article VII, section 704 of the Kansas City Charter declared unconstitutional. This appeal pivots on a single issue: whether a municipal charter provision permitting a city council to repeal any voter initiated municipal ordinance is in violation of the Missouri Constitution. The appellant in this case is a

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