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CITY OF JACKSON v. BETTILEE EMMENDORFER

No. ED 90711.

260 S.W.3d 918 (2008)

CITY OF JACKSON, Missouri, Respondent, v. BETTILEE EMMENDORFER REVOCABLE TRUST u/t/a dated 12/27/95 and Frank D. Emmendorfer II Revocable Trust u/t/a dated 12/27/95, Appellants.

Missouri Court of Appeals, Eastern District, Division One.

September 2, 2008.

Attorney(s) appearing for the Case

Dale E. Gerecke, Bradshaw, Steele, Cochrane & Berens, L.C., Cape Girardeau, MO, for appellants.

Mary Eftink Boner, Ludwig & Boner, L.C., Jackson, MO, for respondent.

Before KURT S. ODENWALD, P.J., GLENN A. NORTON, J., and PATRICIA L. COHEN, J.

KURT S. ODENWALD, Presiding Judge.

Introduction

Owners of real property (Appellants) located in the City of Jackson, Cape Girardeau County appeal from the trial court's order granting the City of Jackson's (Respondent) Motion for Summary Judgment in its declaratory judgment action seeking a declaration of rights with regard to an easement granted to Union Electric Company (Union Electric) for electric transmission lines over Appellants' property....

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