State ex rel. Birk v. City of Jackson

AHRENS, Judge.

In this court-tried case, plaintiffs, Glen Birk, Robert Felker, and Cape County Concerned Citizens, Inc.,1 appeal the judgment of the trial court in favor of defendants on plaintiffs’ petition for mandamus, declaratory judgment and damages. We affirm.

The City of Jackson is a fourth class city located in Cape Girardeau county. In September of 1977, the City purchased property in an arms’ length transaction, without the use or threat to use eminent domain. The property is located approximately two to three miles outside the corporate limits of the City. The City has continuously…