Mitchell v. City of Everton ex rel. Knackstedt

PREWITT, Judge.

The questions presented are (1) whether the evidence properly established that Ever-ton, Missouri legally exists as an incorporated city; (2) if a street purporting to be along plaintiffs’ property was properly dedicated and became a public road; and (3) if it became a public street, is it no longer such because of nonuse or abandonment.

Plaintiffs filed a three-count petition. In Count I they sought a declaratory judgment “that the alleged City of Everton is an unincorporated association and not organized as a city under any laws or statutes of the State of Missouri;” and that…