STATE EX REL. RHODES v. CITY OF SPRINGFIELD

Nos. 13039, 13049.

672 S.W.2d 349 (1984)

STATE of Missouri, ex rel., and William S. RHODES, et al., Plaintiffs-Respondents (Cross-Appellants), v. CITY OF SPRINGFIELD, Springfield, Missouri, et al., Defendants-Appellants, and STATE of Missouri, ex rel., and William S. RHODES, et al., Relators-Respondents, (Cross-Appellants), v. William E. ROBINETT, et al., Respondents-Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied June 1, 1984.

Application to Transfer Denied July 17, 1984.


Attorney(s) appearing for the Case

Howard C. Wright, Jr., City Atty., Springfield, for defendants-appellants.

Royal M. Miller, Springfield, for plaintiffs-respondents (cross-appellants).


FLANIGAN, Presiding Judge.

Doubt concerning whether the north portion of Airwood Drive was a "street" gave rise to two civil actions which were consolidated and tried, without a jury, before Honorable Jack A. Powell, Judge of Division I, Circuit Court of Greene County.

In 1978 the owners of Lots 25, 26, and 27 in Cherrymill Subdivision, an addition to the City of Springfield, desired to build a new house on each of the three lots. The owners obtained building...

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