Legal Opinion

Hemsath v. City of O'Fallon

Missouri Court of Appeals

Decided May 20, 2008No. ED 89776PublishedCited by 8 opinions

1Opinion of the Court

MARY K. HOFF, Presiding Judge.

The City of O’Fallon (City) appeals from the judgment in favor of David Hemsath (Hemsath) arising from an alleged breach of a sewer provision contained in a Petition for Voluntary Annexation (Annexation Petition). On appeal, the City argues the trial court erred in: (1) finding Hemsath had standing to sue the City after he sold the annexed property; (2) holding the City had breached the sewer provision after the annexation petition was approved; (3) finding damages based solely on Hemsath’s speculative valuation testimony; (4) awarding judgment to Hemsath when he…

2Cases cited12 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Verni v. Cleveland Chiropractic CollegeSupreme Court of Missouri · 2007
  3. Allen v. KennedySupreme Court of Missouri · 1886
  4. Three-O-Three Investments, Inc. v. MoffittMissouri Court of Appeals · 1981
  5. Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960

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3Cited by8 opinions

  1. Shellabarger v. ShellabargerMissouri Court of Appeals · 2010
  2. Gerald Poger v. Missouri Department of TransportationMissouri Court of Appeals · 2016
  3. Camden County Public Water Supply District 4 v. Village of Sunrise BeachMissouri Court of Appeals · 2009
  4. Pamela A. Albright v. Good Samaritan Society - Denton Village, Texas Court of Appeals, 2nd District (Fort Worth)2017
  5. Pelopidas, LLC v. Rachel KellerMissouri Court of Appeals · 2021

3 more not listed; retrieve them via the Exa API.

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