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CITY OF BLUE SPRINGS v. CENTRAL DEVELOPMENT

No. WD 34848.

684 S.W.2d 44 (1984)

The CITY OF BLUE SPRINGS, MISSOURI, Appellant, v. CENTRAL DEVELOPMENT ASSOCIATION, et al., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied December 26, 1984.

Application to Transfer Denied February 26, 1985.

Attorney(s) appearing for the Case

Tom J. Helms, Kansas City (Collet, Borich & Helms and Russell D. Jacobson, Kansas City, of counsel), Robert H. Markey, Edwards & Markey, Blue Springs, for appellant.

Thomas H. Bennett, Reorganized Church of Jesus Christ of Latter Day Saints, Independence, Dick H. Woods, Michael W. Lerner, Stephen J. Owens, Stinson, Mag & Fizzell, Kansas City, for respondent Central Development Ass'n.

William A. Piedimonte, Piedimonte & Piedimonte, P.C., Independence, for respondent Community Water Co., Inc.

C. William Kramer, Cochran, Kramer, Kapke & Willerth, Independence, for respondent Atherton Levee Dist.

Before CLARK, P.J., and NUGENT and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied December 26, 1984.

LOWENSTEIN, Judge.

The City of Blue Springs, a fourth class city, appeals from the trial court's dismissal of its petition to condemn land owned by respondents, Central Development Association (CDA), Community Water Company (CWC), and the Atherton Levee District (ALD), for the purpose of constructing a municipally owned water system. Blue Springs claimed that in 1979...

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