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BARRY SIMON DEVELOPMENT, INC. v. HALE

No. ED 87452.

210 S.W.3d 312 (2006)

BARRY SIMON DEVELOPMENT, INC., (formerly the Lenore Ross Revocable Trust,) Plaintiff/Respondent, v. Laurie HALE, et al., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied December 7, 2006.

Application for Transfer Denied January 30, 2007.

Attorney(s) appearing for the Case

Jason M. Rugo, Stephen L. Kling, Jr., Clayton, MO, for appellant.

Robert J. Selsor, Graham L.W. Day, Clayton, MO, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 7, 2006.

ROY L. RICHTER, Presiding Judge.

Laurie Hale, et. al. ("Residents") appeal the trial court's grant of summary judgment based on a finding that an easement existed over the common ground of Residents' subdivision. We affirm.

I. BACKGROUND

Eagle Crest Estates Subdivision ("Eagle Crest"), a single-family residential subdivision, is located south of Wild Horse Creek...

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