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ORLA HOLMAN CEMETERY v. PLASTER TRUST

No. SC 90133.

304 S.W.3d 112 (2010)

ORLA HOLMAN CEMETERY, INC., and Susan Rector, Respondents, v. The ROBERT W. PLASTER TRUST, Stephen R. Plaster, Trustee of the Robert W. Plaster Trust, and Village of Evergreen, Appellants.

Supreme Court of Missouri, En Banc.

February 23, 2010.

Attorney(s) appearing for the Case

David A. Fielder, Michael K. Cully, Lee J. Viorel, Lowther Johnson Attorneys at Law, LLC, Springfield, MO, for appellants.

John C. Holstein, James E. Meadows, Shughart Thomson & Kilroy, P.C., Springfield, MO, for respondents.

WILLIAM RAY PRICE, JR., Chief Justice.

I.

The undisputed facts establish that Laclede County owns Row Crop Road. Because the Village of Evergreen did not annex the road, it is not within the Village's boundaries, and the Village has no authority to regulate it. Because Orla Holman Cemetery has not proven it is entitled to judgment as a matter of law to an easement over the parking area, this Court reverses that...

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