Legal Opinion

City of Independence v. DeWitt

Missouri Court of Appeals

Decided April 4, 1977No. KCD 28017PublishedCited by 8 opinions

1Opinion of the Court

TURNAGE, Judge.

The City of Independence, a constitutional charter city, obtained a permanent injunction against Mary DeWitt prohibiting DeWitt from operating a hotel in a building she owned so long as a public nuisance was maintained therein, and so long as she had not obtained State and City licenses for the operation of a hotel. She appeals.

DeWitt contends the court improperly granted the injunction because the City had an adequate remedy to correct any deficiencies in the hotel property under its ordinances. Reversed.

The City’s petition, by which it sought and obtained both a temporary and…

2Cases cited3 opinions

  1. State Ex Rel. Eagleton v. CameronSupreme Court of Missouri · 1964
  2. State Ex Rel. Phillips v. YeamanSupreme Court of Missouri · 1970
  3. City of St. Louis v. Golden Gate CorporationSupreme Court of Missouri · 1967

3Cited by8 opinions

  1. City of Kansas City v. New York-Kansas Building Associates L.P.Missouri Court of Appeals · 2002
  2. City of Kansas City v. Mary Don Co.Missouri Court of Appeals · 1980
  3. Bradley v. McNeillMissouri Court of Appeals · 1986
  4. City of Independence v. RichardsMissouri Court of Appeals · 1983
  5. State ex rel. Missouri Highway & Transportation Commission v. Marcum Oil Co.Missouri Court of Appeals · 1985

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