McDonald Special Road District v. Pickett

FLANIGAN, Judge.

Plaintiff McDonald Special Road District, (“the district”),1 brought this action against defendants Lynn A. Pickett, (“Pickett”), his wife Elva L. Pickett, and the Missouri Highway and Transportation Commission, (“the commission”). The petition was in two counts. Count I, directed against the Picketts, alleged that the Picketts owned land in Barry County, across which “is a public road easement” which had been used by the public since 1955; on November 12, 1981, the Picketts “placed a fence and other obstructions” across the public road, preventing the public from using same;…