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ALLEE v. KIRK

No. WD 30721.

602 S.W.2d 922 (1980)

James L. ALLEE and Barbara Allee, husband and wife; Buddy D. Allen and Geneva Darlene Allen, husband and wife; Earl Baker; Russell N. Bozarth and June M. Bozarth, husband and wife; Emory L. Brandt and Lula Faye Brandt, husband and wife; Claude V. Clark; Kenneth Hamm and Ada Hamm, husband and wife; Enid N. Haughton; Donald L. Hofstetter and Nadine Hofstetter, husband and wife; William J. Ortega and Esther Ortega, husband and wife; Elmer L. Romines; Mary V. Paxton; Edward A. Schmidt and Birdie M. Schmidt, husband and wife; A. L. Tucker; Don E. Wacaser and Mary L. Wacaser, husband and wife; Clyde Harris and Judy Harris, husband and wife; William Weir and Vena L. Weir, husband and wife; Arthur Barnett; Glenn Cathy and R. W. Wingo, Plaintiffs-Respondents, v. Robert S. KIRK and Dorothy Kirk, husband and wife; and Robert D. Turley and Janet Turley, husband and wife, Defendants-Appellants.

Missouri Court of Appeals, Western District.

August 4, 1980.

Attorney(s) appearing for the Case

Stanley B. Cox, Sedalia, for defendants-appellants.

William F. Brown, Sedalia, for plaintiffs-respondents.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.

TURNAGE, Presiding Judge.

James Allee and several other owners of lots in Keithley's Beach Second Addition, a subdivision in Benton County, brought suit for injunctive and declaratory relief to determine their rights in a strip of ground lying between the platted lots of such subdivision and the waterline of the Lake of the Ozarks. Robert Kirk and the other defendants were the owners of those lots platted in Keithley's Second Addition next to the lake, referred to...

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