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Evergreen national corp robert plaster12/16/2023 Reed appeal and appear as Respondents in the present matter. Reed and her husband, Don however, only Mr. We note that the petition for incorporation in this matter was signed by the following people: Steve Plaster Mr. We reverse the judgment of the trial court.Īppellants George Cutbirth, Denny McCrorey, and Jerry Dodd are all duly elected members of the County Commission and it appears that they "were named only in their positions as Commissioner of Stone County, and not in their individual capacity." Point Four is dispositive accordingly, only it will be reviewed. The County Commission now brings four points on appeal. Following a hearing, the circuit court reversed the County Commission's decision denying Respondents' petition and required the issue of the incorporation be submitted to a vote of the residents of the proposed village. The County Commission denied Respondents' petition and Respondents appealed the matter to the Circuit Court of Stone County, Missouri. Skeen") (collectively "Respondents") filed a "Petition for Incorporation of Village of Table Rock" with the County Commission of Stone County, Missouri ("the County Commission"). 1970), a case in which the incorporators successfully utilized section 80.020 to incorporate as a "town." Lastly, in Independence Trails the reviewing court's primary concern was not the actual use of section 72.080 as an incorporating statute instead, Independence Trails was concerned with the interpretation of section 72.130 and the "standing" that another community had to challenge an incorporation for violating section 72.130. Boone, 541 S.W.2d at 313, made reference to In re Town of Blue Summit, 461 S.W.2d 332, 333 (Mo.App. 1985) - both of which involved the incorporation of cities pursuant to section 72.080. 1976), and Incorporation of Maryland Heights v. Second, in discussing the incorporation provisions of Chapter 72, Independence Trails cited to State ex rel. " of the use of section 72.080 as a method for incorporation. At most, as pointed out by the trial court itself, Independence Trails "tacitly approved. First, in Independence Trails there was no specific challenge to the use of section 72.080 as an incorporating provision. 1987), as authority for allowing Respondents to incorporate under section 72.080, it is our view that Independence Trails does not expressly stand for that proposition. While the trial court in the present matter relied upon In re Incorporation of Village of Independence Trails, 726 S.W.2d 396 (Mo.App."The general presumption is that the legislature acts with the knowledge of statutes involving similar or related subject matters." Mid-America Dairymen, Inc. Additionally, "here one statute deals with a particular subject in a general way, and a second statute treats a part of the same subject in a more detailed way, the more general should give way to the more specific." Casey v. "`t will be presumed that the legislature did not insert idle verbiage or superfluous language in a statute.'" Id. "Furthermore, `every word, clause, sentence and provision of a statute must have effect.'" Stith v. Preliminarily, we observe that "`he fundamental rule of statutory interpretation is to ascertain the intent of the legislature from the language used, to give effect to that intent if possible, and to consider the words used in their plain and ordinary meaning.'" Clanton v.
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