PHILLIPS v. SOMMERER

No. WD 50808.

917 S.W.2d 636 (1996)

Mary F. PHILLIPS, Trustee of the Mary F. Phillips Trust; Mary F. Phillips, Roger Phillips, and Donna J. Payne, Trustees of the Victor E. Phillips Trust; and Roger E. Phillips, Respondents, v. Lloyd J.T. SOMMERER and Lena Jane Sommerer, Appellants.

Missouri Court of Appeals, Western District.

March 19, 1996.


Attorney(s) appearing for the Case

Jean Feather, Jefferson City, for appellants.

James W. Gallaher, Carson & Coil, P.C., Jefferson City, for respondents.

Before SPINDEN, P.J., and BERREY and LAURA DENVIR STITH, JJ.


SPINDEN, Presiding Judge.

For many years, owners of a farm adjacent to Lloyd and Lena Jane ("Jean") Sommerer's farm in Cole County used a primitive road across the Sommerer property to get to a public highway. When the Sommerers suddenly decided to close the road, the owners of the adjacent farm, Mary Phillips and her son Roger, sued for the circuit court's declaration that they had a prescriptive easement to use the road...

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