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STATE EX REL. KANSAS CITY SYMPHONY v. STATE

No. WD 70382.

311 S.W.3d 272 (2010)

STATE ex rel. The KANSAS CITY SYMPHONY, Appellant, v. The STATE of Missouri, et al., Respondents.

Missouri Court of Appeals, Western District.

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

Application for Transfer Denied June 29, 2010.

Attorney(s) appearing for the Case

Richard W. Miller, Esq., Kansas City, MO, for appellant.

Robert L. Presson, Esq., Jefferson City, MO, for respondent.

BEFORE DIVISION ONE: LISA WHITE HARDWICK, Presiding Judge, THOMAS H. NEWTON, Chief Judge, and ALOK AHUJA, Judge.

LISA WHITE HARDWICK, Judge.

The Kansas City Symphony (Symphony) appeals from a judgment denying its declaratory judgment claim against the State of Missouri (State) and its action for mandamus relief against the Missouri General Assembly (Legislature). The Symphony sought a declaration that the State is required, pursuant to Section 143.183.5,1 to provide tax revenue funding for the Missouri Arts Council Trust Fund and sought orders compelling...

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