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DAVIS v. J.C. NICHOLS CO.

No. WD 40297.

761 S.W.2d 735 (1988)

Donald L. DAVIS and Russell Correll, Appellants, v. J.C. NICHOLS COMPANY and Harwood Operating Company, Respondents, v. BOARD OF ZONING ADJUSTMENT, CITY OF KANSAS CITY, Missouri, Respondent.

Missouri Court of Appeals, Western District.

December 6, 1988.

Attorney(s) appearing for the Case

Christopher C. Marsh, Springfield, for appellants.

Timothy S. Frets, Baker & Sterchi, Kansas City, for J.C. Nichols & Harwood Operating Co.

Before SHANGLER, P.J., and NUGENT and COVINGTON, JJ.

SHANGLER, Presiding Judge.

The plaintiffs Davis and Correll appeal from a summary judgment entered on their petition for damages for private nuisance against the defendants J.C. Nichols Company and Harwood Operating Company for the unreasonable use of their parking lot. The plaintiffs complain that the summary judgment violates the mandate and opinion of this court in Davis v. J.C. Nichols Co., 714 S.W.2d 679 (Mo.App.1986...

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