Missouri Court of Appeals Southern District Throws Out an Ordinance in the City of Sullivan As Unconstitutional

Summary

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A different case, a better argument, a quirk of geography and a legal technicality have given disaffected residents of a small Missouri town a rare second chance to strike down a hefty sewer fee.

The Missouri Court of Appeals Southern District on March 31 threw out an ordinance in the city of Sullivan as unconstitutional. Eight years ago, the same ordinance survived a different constitutional challenge in the Eastern District.

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Extract

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Missouri Court of Appeals Southern District Throws Out an Ordinance in the City of Sullivan As Unconstitutional

It was, as attorney Jonathan Sternberg put it, "a weird case that ended pretty nicely."

In 2005, the city sued a property trustee, Judith Ann Sites, to force her to connect her trust's 12.5-acre parcel to the sewer system. The Southern District reversed a Crawford County circuit judge's order that Sites had ...

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