Arbor Investment Co. v. City of Hermann

LAURA DENVER STITH, Judge.

Arbor Investment Company LLC, CFV Plastics LLC, Buzz Manley and Donna Austin (collectively, “Arbor”) appeal from the entry of summary judgment in favor of the city of Hermann in Arbor’s action for damages, an injunction and a declaratory judgment stemming from Hermann’s alleged violation of the Hancock Amendment. Arbor argues that the trial court erred in ruling that, under what is sometimes referred to as the “five-factor test” set out in footnote 10 of Keller v. Marion County Ambulance District, 820 S.W.2d 301 (Mo. banc 1991), Hermann’s utility charges are a fee…