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CONSOLIDATED DRAINAGE DIST. NO. 2 v. MOCK

No. SD 29924.

306 S.W.3d 649 (2010)

CONSOLIDATED DRAINAGE DISTRICT NO. 2 OF SCOTT COUNTY, Missouri, Respondent, v. Thomas D. MOCK, Sr., a/k/a Thomas Dale Mock, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer to Supreme Court Denied March 5, 2010.

Application for Transfer Denied April 20, 2010.

Attorney(s) appearing for the Case

Kenneth L. Dement, Jr., Sikeston, MO, for Appellant.

James M. Hux, Sikeston, MO, for Respondent.

DANIEL E. SCOTT, Chief Judge.

A drainage ditch separated Thomas Mock's farm from property owned by the Arnolds. The trial court granted Respondent District a forty-foot easement along Mock's side of the ditch1 "predicated on the theory of common law dedication, easement by prescription or estoppel." Because the record does not support this conclusion, we reverse the judgment in part.2

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