JOACHIM SAVINGS AND LOAN ASSOCIATION v. STATE

No. WD44220.

817 S.W.2d 520 (1991)

JOACHIM SAVINGS AND LOAN ASSOCIATION, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 1, 1991.

Application to Transfer Denied November 19, 1991.


Attorney(s) appearing for the Case

Warren E. Slagle, Slagle, Bernard & Gorman, Kansas City, for appellant.

William L. Webster, Atty. Gen., Wood Miller, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for respondent.

Before TURNAGE, P.J., and KENNEDY and BRECKENRIDGE, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 1, 1991.

TURNAGE, Judge.

Joachim Savings and Loan Association brought suit against the State of Missouri to recover taxes paid under § 148.480, RSMo 1978, after that section was declared unconstitutional. The suit was brought on the theory of inverse condemnation and sought a judgment for $118,849 plus interest. The case was tried on a stipulation of

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