Donna Collier, Respondent v. City of Oak Grove, Missouri, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Donna Collier, Respondent v. City of Oak Grove, Missouri, Appellant. Case Number: WD65355 Handdown Date: 10/31/2006 Appeal From: Circuit Court of Jackson County, Hon. Michael W. Manners Counsel for Appellant: Steve Majors Counsel for Respondent: William L. Carr Opinion Summary: Withdrawn. Citation: Opinion Author: Harold L. Lowenstein, Judge Opinion Vote: AFFIRMED IN PART, REVERSED IN PART. Spinden, J. concurs in separate concurring opinion. Newton, J. concurs with majority opinion. Opinion: Withdrawn. Separate Opinion:

Donna Collier's action for inverse condemnation. Having correctly concluded that Oak Grove did not preserve the issue for appeal, that should be the end of the matter. The majority's discussion of the merits of Collier's claim thus becomes dictum. I choose not to join in making a gratuitous opinion that has no precedential value. "There is no doctrine better settled than that the language of judicial decisions must be construed with reference to the facts and issues of the

particular case, and that the authority of the decision as a precedent is limited to those points of law which are raised by the record, considered by the court, and necessary to a decision." State ex rel. Baker v. Goodman, 274 S.W.2d 293, 297 (Mo. banc 1954) (quoted with approval in Parker v. Bruner, 683 S.W.2d 265 (Mo. banc 1985)). This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.