· 1/22/2002
Chesterfield Village, Inc. v. City of Chesterfield
Citations
- 64 S.W.3d 315
- 2002 Mo. LEXIS 8
- 2002 WL 77211
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a party who successfully sued for declaratory and injunctive relief could not bring a second action for damages because any claim for damages merged into the first judgment and is precluded
- finding a party can assert a claim for damages even though the precise nature of and extent of an injury may be unknown, and thereby suggesting that a final municipal action — such as formal condemnation proceedings — is not a requirement of ripeness in a tort cause of action
- “Claim preclusion ‘prevents reassertion of the same claim even though additional or dif ferent evidence or legal theories might be advanced to support it.’ ” (citation omitted)
- village was precluded from bringing a second action for damages after receiving declaratory and injunctive relief in first action
- “To determine whether [a plaintiff] asserts the same claims in both cases, a court looks to the factual bases for the claims, not the legal theories.”
- “To determine whether a claim is barred by a former judgment, the question is whether the claim arises out of the same act, contract, or transaction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Michael A. Wolff
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.