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WYMA v. KAUFFMAN

No. 13127.

665 S.W.2d 82 (1984)

Albert WYMA and Grace Wyma, Plaintiffs-Appellants, v. Jesse W. KAUFFMAN, Rose Kauffman, Michael C. Freeman, Trustee, and State Highway Commission of State of Missouri, Respondents.

Missouri Court of Appeals, Southern District, Division One.

February 8, 1984.

Attorney(s) appearing for the Case

Kerry D. Douglas, Douglas, Douglas, Lynch & Ashlock, P.C., Bolivar, Don W. Owensby, Buffalo, for plaintiffs-appellants.

Bruce A. Ring, Chief Counsel, Paul Lambrecht, Jefferson City, for respondent-commission.

GREENE, Chief Judge.

Plaintiffs filed a four-count petition against multiple defendants seeking various forms of relief because of their discovery that a motel they owned was encroaching upon the right-of-way of State Highway 54. Count II of plaintiffs' petition, against the State Highway and Transportation Commission, sought a declaratory judgment that the Commission was estopped to claim a certain line as the state's right-of-way. The Commission counterclaimed,...

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