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NEW MADRID COUNTY v. DRAINAGE DIST.

No. SD 32622.

436 S.W.3d 573 (2013)

NEW MADRID COUNTY, Plaintiff-Respondent, v. ST. JOHN LEVEE AND DRAINAGE DISTRICT, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

October 16, 2013.

Attorney(s) appearing for the Case

W. Edward Reeves , Caruthersville, MO, for Appellant.

Joseph C. Blanton, Jr. , Sikeston, MO, for Respondent.

MARY W. SHEFFIELD, J.

This is an appeal from a judgment in favor of New Madrid County ("County") in an action for declaratory judgment. St. John Levee & Drainage District ("Drainage District") appeals, arguing the trial court misapplied Section 242.350.1 We agree and reverse the trial court's decision.

Standard of Review

"[I]n a court-tried case this [C]ourt must affirm the judgment unless it is unsupported...

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