SEARS v. NORMAN

No. KCD 27395.

543 S.W.2d 300 (1976)

James M. SEARS, an Individual, et al., Plaintiffs-Respondents, v. John Phillip NORMAN et al., Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied November 4, 1976.


Attorney(s) appearing for the Case

David A. Oliver, Columbia, for defendants-appellants.

William D. Powell, Columbia, for plaintiffs-respondents.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.


WASSERSTROM, Judge.

This suit seeks a declaration of the existence of a public alley and to enjoin the defendants from interfering with the public right of passage. After trial without a jury, the court found for the plaintiffs. Defendants appeal.

The property in question lies within a city block in Columbia, Missouri, bounded on the east by Ann Street, on the west by Williams Street, on the north by Amelia Street and on the south by Hinkson Street. The alley...

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