Midella Enterprises, Inc. v. Missouri State Highway Commission

TITUS, Judge.

Midella Enterprises, Inc. (Midella), initiated proceedings in two counts against the Missouri State Highway Commission (Commission) to quiet title to certain real estate and for declaratory judgment. From portions of the judgment rendered thereon in favor of the Commission, Midella prosecutes this appeal.

Midella is the fee owner of land situate at the southwest corner of the intersection of U.S. Highways 60 and 71 in Newton County. In 1948, KAMO Electric Cooperative (KAMO) acquired by grant from Midella’s predecessors in title a 100-foot “Right of Way Easement” over the land for…