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STATE EX REL. REYNOLDS COUNTY v. RIDEN

Nos. 12114, 12125.

621 S.W.2d 366 (1981)

STATE of Missouri, ex rel. REYNOLDS COUNTY, Missouri, Plaintiff-Respondent, v. Ralph H. RIDEN and Elaine S. Newmark Riden, his wife; John Cutelli and Louise Cutelli, his wife, and H. Lynn Boardman and Sherrill A. Boardman, his wife, Defendants-Appellants, and Daniel J. Banderet and Francis M. Banderet, his wife; Joe Barnes and Faye Barnes, his wife; Paul C. Cox, and Hope O. Cox, his wife; Alfred Lorentz and Jackie Lorentz, his wife; Paul Parker and Mary Jo Parker, his wife; Michael Koch and Linda Koch, his wife; Thomas Leach, Ralph Bourland and Philip L. Schineer, Defendants.

Missouri Court of Appeals, Southern District, Division Three.

August 27, 1981.

Attorney(s) appearing for the Case

George L. Fitzsimmons, Fitzsimmons & Fitzsimmons, Attys., Inc., of Clayton, A. W. Dieffenbach, Jr., Anderson, Brooking, Hammon & Dieffenbach, Hillsboro, for defendants-appellants.

L. Dwayne Hackworth, Pros. Atty., Centerville, for plaintiff-respondent.

HOGAN, Judge.

In this action brought on its behalf by its prosecuting attorney, Reynolds County sought a declaration that a road known as the Hyatt's Creek Road is a "legally established" road within the meaning of the second clause of § 228.190, RSMo 1978, and further sought to enjoin defendants from obstructing, hindering or interfering with travel on the road. After a hearing without the aid of a jury, the trial...

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