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McCOMBS v. JOPLIN 66 FAIRGROUNDS, INC.

No. 20094.

925 S.W.2d 946 (1996)

Robert McCOMBS, et al., Appellants, v. JOPLIN 66 FAIRGROUNDS, INC., d/b/a Joplin 66 Speedway, Respondent.

Missouri Court of Appeals, Southern District, Division One.

June 24, 1996.

Attorney(s) appearing for the Case

Bruce N. Secrist, Joplin, for appellants.

Ron E. Mitchell, John Mollenkamp of Blanchard, Robertson, Mitchell & Carter, P.C., Joplin, for respondent.

MONTGOMERY, Presiding Judge.

Plaintiffs filed suit against Defendant for abatement of a nuisance. According to Plaintiffs' First Amended Petition, the noise, dust, dirt, fumes, and light from Defendant's three-eighths mile clay/dirt automobile racetrack penetrates their property and homes. Plaintiffs alleged that Defendant's operation of the racetrack is a nuisance and eliminates their right to peaceful enjoyment of their property. Plaintiffs prayed for a permanent...

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