(Download) "Donald L. Davis and Russell Correll v." by Western District Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: Donald L. Davis and Russell Correll v.
- Author : Western District Court of Appeals of Missouri
- Release Date : January 06, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Charles Shangler, Presiding Judge The plaintiffs Davis and Correll appeal from a summary judgment entered on their petition
for damages for private nuisance against the defendants J.C. Nichols Company and Harwood Operating Company for the unreasonable
use of their parking lot. The plaintiffs complain that the summary judgment violates the mandate and opinion of this court
in Davis v. J.C. Nichols Co., 714 S.W.2d 679 (Mo. App. 1986), which remanded the cause to the circuit court "for a new trial,
all in accordance with the Opinion of this Court." The plaintiffs argue that the summary judgment violates the holding of
Davis that the city ordinances, excluded by the trial court, were admissible to define nuisance and to show that the special
permit under which the parking lot was constructed was in violation of the ordinance so that its maintenance by the defendants
constituted an unreasonable use. The plaintiffs say that the circuit court on remand was bound to this holding as the law
of the case, but that the trial court by the summary judgment denied the ordinances any efficacy as evidence and so failed
its duty of compliance the law imposes. The formal entry of summary judgment expresses the rationale upon which the decision rests: