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CAMPBELL v. ANDERSON

No. WD 46616.

866 S.W.2d 139 (1993)

William CAMPBELL, Jr. and June Mary Campbell, his wife, R.E. Holzer and Margaret Holzer, his wife, and Norma Amer, Appellants, v. Richard ANDERSON and Shirley Anderson, his wife, Michael Anderson and Bonnie Anderson, his wife, David Anderson, John C. Collet, John Brandon and Yvonne Brandon, his wife, Community Bank of Chillicothe, and Matt Parrish, Respondents.

Missouri Court of Appeals, Western District.

As Modified November 24, 1993.

Motion for Rehearing and/or Transfer Denied November 30, 1993.

Attorney(s) appearing for the Case

Richard N. Brown, Brown & Casey, Brookfield, for appellants.

N. William Phillips, Phillips & Spencer, P.C., Milan, for respondents Richard and Shirley Anderson, Michael and Bonnie Anderson and David Anderson; Jack Peace, Andereck, Evans, Milne, Peace & Baumhoer, Trenton, for respondents John and Yvonne Brandon; and Allan Brent Turner, Chapman, Cowherd & Turner, P.C., Chillicothe, for respondents John C. Collet, Community Bank of Chillicothe and Matt Parrish.

Before BERREY, P.J., and BRECKENRIDGE and HANNA, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 30, 1993.

BRECKENRIDGE, Judge.

This appeal arises from the trial court's judgment against appellants in their action challenging the re-channelization of Parsons Creek by the owners of an adjoining tract of land. Appellants raise three points on appeal arguing that the trial court erred in: 1) failing to find and determine an unabated abatable nuisance and order injunctive relief; 2) failing...

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