(DOWNLOAD) "City St. Charles v. Robert Schroeder" by Missouri Court of Appeals St. Louis District * Book PDF Kindle ePub Free
eBook details
- Title: City St. Charles v. Robert Schroeder
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 21, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is the second appeal in this case. It originated as an action brought under the Sawyer Act by the City of St. Charles for a declaratory judgment authorizing it to proceed with the annexation of land adjacent to the city limits. After the original evidentiary hearing, the circuit court sustained the City's petition and entered judgment authorizing the annexation. The defendants appealed. By our opinion dated November 23, 1971, and reported in 474 S.W.2d 55, we determined that the proposed annexation was neither reasonable nor necessary to the proper development of the City, and the judgment was reversed. Thereafter our mandate, dated December 13, 1971, was issued directing that the trial court's judgment be reversed, annulled and for naught held, and that certain costs of the appeal, namely the docket fee and the cost of preparing the transcript, be recovered of the City. It was further ordered that the costs in the circuit court also be taxed against the City. On December 28, 1971, after the issuance of our mandate, certain intervening defendants in the annexation proceeding filed a motion wherein they requested that the circuit court assess as costs fees for the reasonable service of intervenors' attorneys in the circuit court proceeding and on appeal. After an evidentiary hearing, the court denied the motion giving as one of its reasons its lack of jurisdiction in the case because the motion was filed in the trial court after outright reversal by this court. We need go no further on this appeal because the law clearly sustains the circuit court in this determination.