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STATE EX REL. STATE HIGHWAY COMMISSION v. JOHNS

No. KCD 26301.

507 S.W.2d 75 (1974)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Respondent, v. Charles E. JOHNS and Mary A. Johns, Appellants.

Missouri Court of Appeals, Kansas City District.

March 4, 1974.

Attorney(s) appearing for the Case

William Harrison Norton and Wilbur L. Pollard, Kansas City, for appellants; Norton & Pollard, Kansas City, of counsel.

Robert L. Hyder and Thomas E. Cheatham, Asst. Counsel, State Highway Commission, Jefferson City, for respondent.

Before PRITCHARD, P. J., and SWOFFORD and SOMERVILLE, JJ.

PRITCHARD, Presiding Judge.

This is a suit to enjoin an encroachment of appellants' Dairy Queen building at 1509 East 9th Street in Trenton, Missouri, upon the public street (Route 6) at that location. The issues are (Point I) whether the trial court erred in finding (1) that the encroachment obstructed and deprived the public of any rights to the street and public way, and (2) that the public does suffer, and will suffer...

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