Legal Opinion

Miller v. City of Town & Country

Missouri Court of Appeals

Decided August 28, 2001No. ED 78815PublishedCited by 7 opinions

1Opinion of the Court

JAMES R. DOWD, Judge.

Daniel Miller and four others sued the city of Town and Country requesting in-junctive relief and a judgment declaring void an ordinance that required persons seeking to hunt or trap on government lands within that city to first obtain permission from the government owning the property.1 Miller claims that the ordinance is inconsistent with the Missouri Constitution and seeks damages under 42 U.S.C. § 1983, claiming the city violated his Fourteenth Amendment rights under the U.S. Constitution. The trial court dismissed Miller’s petition for failure to state a claim upon…

2Cases cited21 opinions

  1. Parratt v. TaylorSupreme Court of the United States · 1981
  2. Bibb v. Navajo Freight Lines, Inc.Supreme Court of the United States · 1959
  3. Nazeri v. Missouri Valley CollegeSupreme Court of Missouri · 1993
  4. Salsburg v. MarylandSupreme Court of the United States · 1954
  5. Buchanan v. KirkpatrickSupreme Court of Missouri · 1981

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3Cited by7 opinions

  1. Brunner v. City of ArnoldMissouri Court of Appeals · 2013
  2. Babb v. Missouri Public Service CommissionMissouri Court of Appeals · 2013
  3. Engelage v. City of WarrentonMissouri Court of Appeals · 2012
  4. Heuer v. City of Cape GirardeauMissouri Court of Appeals · 2012
  5. Opinion No. (2009), Missouri Attorney General Reports2009

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