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DAMON v. CITY OF KANSAS CITY

No. WD 75363.

419 S.W.3d 162 (2013)

Paul DAMON and Natalia Olinetchouk, on behalf of Themselves and all others Similarly Situated, Appellants, v. CITY OF KANSAS CITY, Missouri and American Traffic Solutions, Inc., Respondents.

Missouri Court of Appeals, Western District.

Application to Transfer to Supreme Court Denied December 24, 2013.

Application for Transfer Denied February 25, 2014.

Attorney(s) appearing for the Case

Ryan A. Keane, St. Louis, MO and Mitchell I. Burgess, Kansas City, MO, for appellants.

Chad Stewart, Kansas City, MO, for respondent City of Kansas City.

Jane E. Dueker, St. Louis, MO for respondent American Traffic Solutions.

Before Division Three: CYNTHIA L. MARTIN, Presiding Judge, JOSEPH M. ELLIS, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Paul Damon ("Damon") and Natalia Olinetchouk ("Olinetchouk"), on behalf of themselves and others similarly situated, appeal the trial court's dismissal of their class action petition for declaratory relief, injunctive relief, and damages against the City of Kansas City and American Traffic Solutions, Inc. We hold that the ordinance is invalid because it conflicts with state law. We further hold that Damon and Olinetchouk are not barred from asserting...

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