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SMITH v. CHAMBLIN PROPERTIES, LLC

No. WD 66130.

201 S.W.3d 582 (2006)

Daniel SMITH and Terri A. Smith and Dixon's 40 HWY, Inc., Respondents, v. CHAMBLIN PROPERTIES, LLC, Appellant, Ted Winningham, Defendant.

Missouri Court of Appeals, Western District.

September 26, 2006.

Attorney(s) appearing for the Case

Bradley C. Nielsen, Kansas City, MO, for appellant.

Richard D. Jacoby, Independence, MO, for defendant.

David R. Frensley, Kansas City, MO, for respondents.

Before: HAROLD L. LOWENSTEIN, P.J., PAUL M. SPINDEN, and THOMAS H. NEWTON, JJ.

THOMAS H. NEWTON, Judge.

Factual and Procedural Background

Respondents Daniel and Terri Smith purchased the property at 9105 East 40 Highway in 2001. Members of Ms. Smith's family had leased this property since 1968 in order to operate Dixon's Famous Chili (Dixon's). In 1985 Ms. Smith inherited the family business and continued to lease the property until she purchased it in 2001. Appellant Chamblin Properties, LLC. (Chamblin) bought the eastern adjoining...

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