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ST. LOUIS COUNTY v. BERCK

No. ED 93958.

322 S.W.3d 622 (2010)

ST. LOUIS COUNTY, Missouri, Respondent, v. Richard F. BERCK, and All American Painting, L.L.C., Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

October 12, 2010.

Attorney(s) appearing for the Case

Robert Denlow , Paul G. Henry , Denlow and Henry, St. Louis, MO, for Appellants.

Paul J. Puricelli , Julie L. Brothers, Stone , Leyton & Gershman, St. Louis, MO, for Respondent.

KURT S. ODENWALD, Presiding Judge.

Introduction

Richard F. Berck and All American Painting (hereafter collectively referred to as Berck) appeal from the trial court's Order and Judgment dismissing the condemnation petition filed by St. Louis County (County) for lack of jurisdiction. Berck asserts that County's motion to dismiss constituted an abandonment of the condemnation action under Section 523.040, RSMo 2000,1 and...

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