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WEBSTER COUNTY ABSTRACT CO. v. ATKISON

Nos. SD 30191, SD 30197, SD 30199.

328 S.W.3d 434 (2010)

WEBSTER COUNTY ABSTRACT CO., INC., D.D. Hamilton Co., and Missouri Land Title Association, Plaintiffs/Appellants, v. Stacy ATKISON, Recorder of Deeds of Webster County, and Recorders Association of Missouri, Defendants/Respondents, and Webster County, Missouri, by and through its duly elected Commission solely in their capacity as such, Paul Ipock, Presiding Commissioner, Billie Cunningham, Northern Commissioner, and Denzil Young, Southern Commissioner, Intervenor-Defendant/Cross-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied December 1, 2010.

Application for Transfer Denied January 25, 2011.

Attorney(s) appearing for the Case

John E. Price , Carnahan, Evans, Cantwell & Brown, P.C., Springfield, MO, and Stephen K. Dexter and John T. Coghlan , Lathrop & Gage, L.L.P., Kansas City, MO, for Appellants.

Chris Koster , Attorney General, and Cheryl Ann Schuetze , Assistant Attorney General, Jefferson City, MO, for Respondent Atkison.

Sherry A. Mariea , Mariea & Sigmund, L.L.C., Jefferson City, MO, for Respondent Recorders' Association of Missouri.

William H. McDonald , McDonald & Associates, L.L.C., and Paul F. Sherman , Mann, Walter, Bishop & Sherman, P.C., Springfield, MO, for Cross-Appellant Webster County, Missouri.

GARY W. LYNCH, Judge.

Two land title companies, Webster County Abstract Company, Inc. ("WCAC"), and D.D. Hamilton Company ("Hamilton"), sued the Recorder of Deeds of Webster County, claiming that the recorder violated the Sunshine Law, see section 610.010 et. seq., by charging fees for electronic copies of land records that exceeded the actual cost of reproducing those records.1 The trial court entered summary judgment in...

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