MAASEN v. SHAW

No. ED 82750.

133 S.W.3d 514 (2004)

Paul B. MAASEN and Cindy Maasen, Plaintiffs/Appellants, v. Peter M. SHAW, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

April 27, 2004.


Attorney(s) appearing for the Case

Douglas P. Dowd, James R. Dowd, Laura G. Lumaghi, Dowd & Dowd, P.C., St. Louis, MO, for appellants.

Joel B. Eisenstein, St. Charles, MO, for respondent.


KATHIANNE KNAUP CRANE, Judge.

Plaintiffs, owners of a servient estate, filed a lawsuit seeking to enjoin defendant, owner of the dominant estate, from using a fifty-foot non-exclusive easement across the servient estate for purposes other than ingress and egress on a fifteen-foot roadway to defendant's property. Defendant filed a counterclaim to recover damages. The trial court enjoined defendant's use of all-terrain vehicles on the non-roadway portion of the easement...

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