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ARBOR INV. CO., LLC v. CITY OF HERMANN

No. SC 91109.

341 S.W.3d 673 (2011)

ARBOR INVESTMENT COMPANY, LLC, et al., Appellants, v. CITY OF HERMANN, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 19, 2011.

Attorney(s) appearing for the Case

James E. Mello , Jeffery T. McPherson , Thomas B. Weaver , Armstrong Teasdale LLP, St. Louis, for Arbor.

Kenneth Heinz , Edward J. Sluys , Carl L. Lumley , Curtis, Heinz, Garrett & O'Keefe PC, Clayton, David P. Politte , Zick, Voss & Politte, Washington, MO, for City.

State Solicitor James R. Layton , Attorney General's Office, Jefferson City, for State Attorney General's and State Auditor's Offices which filed briefs as friends of the Court.

Daniel G. Vogel , Erin P. Steele , Paul V. Rost , Cunningham, Vogel & Rost PC, St. Louis, for Missouri Municipal League which filed a brief as a friend of the Court.

Howard C. Wright, Jr. , Douglas L. Healy , Healy & Healy, Springfield, for Missouri Public Utility Alliance, Missouri Joint Municipal Electric Utility Commission and Municipal Gas Commission which filed briefs as friends of the Court.

LAURA DENVIR STITH, Judge.

Arbor Investment Company LLC, CFV Plastics LLC, Buzz Manley and Donna Austin (collectively, "Arbor") appeal from the entry of summary judgment in favor of the city of Hermann in Arbor's action for damages, an injunction and a declaratory judgment stemming from Hermann's alleged violation of the Hancock Amendment. Arbor argues that the trial court erred in ruling that, under what is sometimes referred to as the "five-factor test" set out...

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