Morgan v. City of Rolla

BARNEY, Presiding Judge.

Appellant City of Rolla, Missouri (Defendant) appeals from a judgment of the Circuit Court of Phelps County, Missouri, which ordered it to allow Respondents Joseph E. Morgan and Molly E. Morgan (Plaintiffs) to make connections with its sewer system.

On June 28, 1985, Defendant and John Pozner and Bess Pozner (“Pozners”) entered into an agreement which granted Defendant an easement to construct a sewer main across the Pozners’ property. The Pozners’ property consisted of approximately fifty acres and was located south of Defendant’s city limits. As considerationfor the…