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Case: Donna Collier, Respondent v. City of Oak Grove, Missouri, Appellant.
Case Number: WD65355
Court: Missouri Court of Appeals, Western District
Decision Date: Unknown
Outcome: affirmed
Practice Area: other
Canonical URL: https://ott.law/missouri-courts/opinions/donna-collier-respondent-v-city-of-oak-grove-missouri-appellant-d65355
Official Source URL: https://www.courts.mo.gov/file.jsp?id=21972

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## Syllabus

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Withdrawn.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Withdrawn.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:

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## Concurring Opinion by Judge Spinden:  I concur with the majority except for its discussion of the merits of

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.