PACIFIC FIRE PROTECTION DIST. v. MOSLEY

No. 70071.

939 S.W.2d 467 (1996)

PACIFIC FIRE PROTECTION DISTRICT, Plaintiff/Appellant, v. Jack MOSLEY, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied February 19, 1997.

Application to Transfer Denied March 25, 1997.


Attorney(s) appearing for the Case

Jay E. Sushelsky, St. Louis, for plaintiff/appellant.

Timothy J. Melenbrink, Hansen, Stierberger, Downard & Melenbrink, Union, for defendant/respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied February 19, 1997.

CRANE, Presiding Judge.

This appeal presents the issue of whether a trustee under a roadway maintenance agreement whose power to maintain and control the roadway is "subject to the rights of the public authority" may place a chain across the end of a private portion of a roadway where a fire protection district ordinance prohibits chains across roadways within the district and...

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