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CITY OF SULLIVAN v. SITES

No. SC 90866.

329 S.W.3d 691 (2010)

CITY OF SULLIVAN, A Missouri Municipal Corporation in Franklin and Crawford Counties, Respondent, v. Judith Ann SITES, as Trustee of the Judith Ann Sites Trust, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 11, 2011.

Attorney(s) appearing for the Case

Jonathan Sternberg , Sternberg Law PC, Dennis Owens , Attorney at Law, Kansas City, for Sites.

Kevin M. O'Keefe , Stephanie E. Karr , Curtis, Heinz, Garrett & O'Keefe PC, St. Louis, Matthew A. Schroeder , Hansen, Stierberger, Downard, Melenbrink & Schroeder LLC, Union, for the City.

Howard C. Wright Jr. , Attorney at Law, Springfield, for the Missouri Municipal League, which filed a brief as a friend of the Court.

MARY R. RUSSELL, Judge.

At issue in this case is whether the City of Sullivan can charge higher sewer connection fees for properties in areas with new sewer access. A property owner argues that the City's sewer connection fee ordinance is a "special law" in violation of Missouri Constitution article III, section 40(30).

Because the sewer connection fee ordinance is a not an unconstitutional special law under article III, section 40(30), the trial court's judgment...

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