Legal Opinion

Damon v. City of Kansas City

Missouri Court of Appeals

Decided November 26, 2013No. WD 75363PublishedCited by 21 opinions

1Opinion of the Court

GARY D. WITT, Judge.

Paul Damon (“Damon”) and Natalia Oli-netchouk (“Olinetehouk”), on behalf of themselves and others similarly situated, appeal the trial court’s dismissal of their class action petition for declaratory relief, injunctive relief, and damages against the City of Kansas City and American Traffic Solutions, Inc. We hold that the ordinance is invalid because it conflicts with state law. We further hold that Damon and Olinetehouk are not barred from asserting their claims. The judgment is reversed and the cause remanded.

FACTUAL AND PROCEDURAL HISTORY1

This class-action lawsuit…

2Cases cited69 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Sandstrom v. MontanaSupreme Court of the United States · 1979
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. Tumey v. OhioSupreme Court of the United States · 1927
  5. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979

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3Cited by21 opinions

  1. City of St. Peters, Missouri v. Bonnie A. RoederSupreme Court of Missouri · 2015
  2. City of Moline Acres v. Charles W. BrennanSupreme Court of Missouri · 2015
  3. Jonathan Gerke v. City of Kansas City, MissouriMissouri Court of Appeals · 2016
  4. Bennett v. St. Louis Cnty.Missouri Court of Appeals · 2017
  5. Lester M. Dean, Jr. v. Richard W. NobleMissouri Court of Appeals · 2015

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