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HEUER v. CITY OF CAPE GIRARDEAU

No. ED 96721.

370 S.W.3d 903 (2012)

John A. HEUER, individually and as Personal Representative of the Estate of Ivan Heuer, Deceased, Appellant, v. CITY OF CAPE GIRARDEAU, Respondent.

Missouri Court of Appeals, Eastern District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 3, 2012.

Application for Transfer Denied August 14, 2012.

Attorney(s) appearing for the Case

Tom K. O'Loughlin , Cape Girardeau, MO, for appellant.

Mary Eftink Boner , Jackson, MO, for respondent.

GARY M. GAERTNER, JR., Presiding Judge.

Introduction

Appellant John Heuer1 (Heuer) appeals the judgment of the trial court denying Heuer's petition for removal of a fence erected in an alley at the rear of his property. Heuer argues the placement of the fence failed to comply with city ordinances and resulted in a violation of Heuer's constitutional rights. We reverse and remand.

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