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STRACK EXCAVATING v. DEPT. OF NATURAL RES.

WD 78015.

459 S.W.3d 439 (2015)

STRACK EXCAVATING, L.L.C., Appellant, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, LAND RECLAMATION COMMISSION, Respondent, Saxony Lutheran High School, Respondent.

Missouri Court of Appeals, Western District.

OPINION FILED: APRIL 28, 2015.

Attorney(s) appearing for the Case

Timothy Duggan , Jefferson City, MO, Counsel for Appellant.

Stephen Jeffery , Bruce Morrison , Ellisville, MO, Counsel for Respondents.

Before Division Three: Mark D. Pfeiffer, P.J., Gary D. Witt, Anthony Rex Gabbert, JJ.

Strack Excavating, L.L.C. ("Strack") appeals the circuit court's judgment dismissing its declaratory judgment action. Strack raises one point on appeal. Strack argues that the trial court erred in dismissing its declaratory judgment action. Strack contends that its challenge to § 444.771, RSMo Cum.Supp.2011, presents...

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