Szombathy v. Ferguson-Florissant Reorganized School District R-2

SATZ, Judge.

Plaintiff, Louis R. Szombathy, sued to vacate a private way. Following a court tried case, the court entered its findings of fact, conclusions of law and judgment in favor of defendant, Ferguson-Florissant Reorganized School District R-2 (School District). We reverse with directions.

For clarity, we set out a diagram of the road in question and the property surrounding it.

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*26In 1948, plaintiff purchased a 12 acre tract of land, bordered on the south by Airport Road, in Berkeley, Missouri. Plaintiff decided to develop this tract. In 1949, he dedicated a street, known as…