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HILL-CREEK ACRES ASS'N, INC. v. TOMERLIN

No. WD 60726.

99 S.W.3d 521 (2003)

HILL-CREEK ACRES ASSOCIATION, INC., Respondent, v. Jerry D. TOMERLIN, et al., Appellants.

Missouri Court of Appeals, Western District.

March 18, 2003.

Attorney(s) appearing for the Case

Thomas M. Schneider, Columbia, MO, for appellants.

Victor S. Scott, Lanette R. Gooch, Diedre D. Jewel, Jefferson City, MO, for respondent.

Before BRECKENRIDGE, P.J., and HOWARD and HOLLIGER, JJ.

VICTOR C. HOWARD, Judge.

Appellants purported to create an emergency roadway easement across a lot in Respondent's subdivision to allow for Appellants' use of Respondent subdivision's private roads when Appellants' sole way of ingress and egress to their properties in their abutting subdivision floods or is otherwise impassable. Respondent filed suit, seeking to declare the attempts to create the easement null and void and...

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