MITCHELL v. CITY OF EVERTON

No. 13044.

655 S.W.2d 864 (1983)

Harold MITCHELL & Judy Mitchell, Mary Hargis & Ron Hargis, Plaintiffs-Appellants, v. CITY OF EVERTON, as an unincorporated association, by representative Paul Knackstedt, or In the Alternative, City of Everton and Everton Senior Citizens' Housing, Inc., Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

August 4, 1983.


Attorney(s) appearing for the Case

Fred C. Moon, Moon & Moon Law Offices, Springfield, for plaintiffs-appellants.

Robert L. Payne, Greenfield, for defendant-respondent City of Everton.

David R. Fielder, Fielder, Jones, Conklin & Skinner, Springfield, for defendant-respondent Everton Sr. Citizens' Housing, Inc.


PREWITT, Judge.

The questions presented are (1) whether the evidence properly established that Everton, Missouri legally exists as an incorporated city; (2) if a street purporting to be along plaintiffs' property was properly dedicated and became a public road; and (3) if it became a public street, is it no longer such because of nonuse or abandonment.

Plaintiffs filed a three-count petition. In Count I they sought a declaratory judgment "that the alleged...

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