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VAN ELK v. URBANEK

Nos. SD 29364, SD 29412.

308 S.W.3d 729 (2009)

Russell VAN ELK, Appellant/Cross-Respondent, v. Darlene L. URBANEK, as Trustee of the Darlene L. Urbanek Trust, Dated May 2, 2005, and Darlene L. Urbanek, Individually, and Gary C. Trask, Respondents/Cross-Appellants, and Arvest Bank, Defendant.

Missouri Court of Appeals, Southern District, Division Two.

September 30, 2009.

Attorney(s) appearing for the Case

Robert W. Evenson, Pineville, for Appellant/Cross-Respondent.

Abe R. Paul, Pineville, for Respondents/Cross-Appellants.

DANIEL E. SCOTT, Chief Judge.

This is a case of neighboring landowners and their real estate disputes, mainly about deed restrictions and an easement. The appeal and cross-appeal involve three of the eight counts bench-tried below. We consider the evidence in the light most favorable to the judgment, which we must affirm unless there is no substantial evidence to support it, it is against the weight of the evidence, or...

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