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FRED KEMP COMPANY, LLC v. BRASELMAN

ED 108418.

619 S.W.3d 477 (2021)

The FRED KEMP COMPANY, LLC, Respondent, v. Kitrell BRASELMAN, in His Official Capacity as the Director of Public Works, City of Black Jack, Department of Public Works, City of Black Jack, and City of Black Jack, Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Filed: February 9, 2021.

Attorney(s) appearing for the Case

Erwin O. Switzer , Ronnie L. White , Greensfelder, Hemker, & Gale, P.C., 10 S. Broadway, Ste. 2000, St. Louis, MO 63102, for appellants.

Patrick A. Bousquet , John B. Goss , Smithamundsen, LLC, 120 S. Central Ave., Suite 700, St. Louis, MO 63105, for respondent.

The City of Black Jack (City) appeals from a judgment of the circuit court in favor of The Fred Kemp Company, LLC (Kemp) regarding a public nuisance. The circuit court found Kemp was not the owner or person in control of the property in question and reversed a hearing officer's decision holding Kemp responsible for the nuisance...

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