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CITY OF GREENWOOD v. MARTIN MARIETTA MATL.

No. WD 70495.

311 S.W.3d 258 (2010)

CITY OF GREENWOOD, Missouri, Respondent, v. MARTIN MARIETTA MATERIALS, INC., and Hunt Martin Materials, LLC, Appellants.

Missouri Court of Appeals, Western District.

As Modified March 30, 2010.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 30, 2010.

Application for Transfer Denied May 25, 2010.

Attorney(s) appearing for the Case

Edward D. Robertson, Jr., Mary D. Winter, and Anthony L. DeWitt, Jefferson City, MO, Brian J. Madden, R.B. Miller, III, and R. Kent Sellers, Kansas City, MO, H. Waynes Phears, Atlanta, GA, for Appellants.

Steven E. Mauer and Heather S. Esau Zerger, Kansas City, MO, Brian C. walsh, St. Louis, Mo, for Respondent.

Before Division III: JAMES EDWARD WELSH, Presiding Judge, and MARK D. PFEIFFER and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

This is an appeal from a judgment of the Circuit Court of Jackson County, Missouri ("trial court"), granting a permanent injunction to the City of Greenwood, Missouri ("Greenwood"), prohibiting trucks transporting rock from a quarry run by Appellants Martin Marietta Materials and Hunt Martin Materials (collectively, "Quarry")1 from using a particular road route through...

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