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STATE EX REL. DPH CHESTERFIELD, LLC v. STATE TAX COM'N OF MISSOURI

Nos. ED 98724, ED 98761.

398 S.W.3d 529 (2013)

STATE of Missouri ex rel. DPH CHESTERFIELD, LLC, Relator/Respondent, v. STATE TAX COMMISSION OF MISSOURI, and Jake Zimmerman, Assessor for St. Louis County, Respondents/Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Rehearing and/or Transfer to Supreme Court Denied April 8, 2013.

Application for Transfer Denied May 28, 2013.

Attorney(s) appearing for the Case

Gerard T. Carmody , Lauren M. Wacker , Carmody MacDonald P.C., St. Louis, MO, for respondent.

Chris Koster , Attorney General, Emily A. Dodge , Assistant Attorney General, Jefferson City, MO, for appellant State Tax Commission of Missouri.

Patricia Redington , County Counselor, Paula J. Lemerman , Associate County Counselor, Clayton, MO, for appellant Assessor.

Before KATHIANNE KNAUP CRANE, P.J., MARY K. HOFF, J., and LISA VAN AMBURG, J.

PER CURIAM.

The State Tax Commission of Missouri (the Commission) and the St. Louis County Assessor (the Assessor) appeal from the circuit court's grant of a writ of mandamus. The writ ordered the Commission to issue an order compelling the Assessor to perform a new assessment of certain property for the 2009 assessment in compliance with section 137.345.5 RSMo (2000)1 based on the successful appeal of the 2007 assessment of that property...

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