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SKINNER v. OSAGE COUNTY

Nos. 58707, 58709.

822 S.W.2d 437 (1991)

Al & Elly SKINNER, Plaintiffs-Appellants, v. OSAGE COUNTY, Missouri, and Ralph Stoner, County Commissioner, Bernard M. Haslag, Sr., County Commissioner, Edgar C. Frank, County Commissioner, Hilda Ocheskey, Dalton Ocheskey, John Becker, Curtis Board, Robert Board, Arch Owens and Coy Owens, Defendants-Respondents/Cross-Respondents, and Frederick Kinkead and Kathy Kinkead, Defendants-Cross-Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

October 29, 1991.

Attorney(s) appearing for the Case

James W. Gallaher II, Jefferson City, for plaintiffs-appellant.

James Loyd Elliott, Jr., Vienna, for defendants-respondents/cross-respondents.

Ronald Dwayne White, Rolla, for defendants-cross-appellants.

SATZ, Judge.

This is a dispute over whether a rural roadway traversing plaintiffs' land is private or public. Plaintiffs, AI and Elly Skinner, claim this roadway is their private road. To validate their claim they sued Osage County, the individual County Commissioners and several nearby property owners in a two count petition. In Count I, plaintiffs requested the court to enjoin the named defendants from using the roadway, and, in Count II, they requested the court...

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