Barry Simon Development, Inc. v. Hale

ROY L. RICHTER, Presiding Judge.

Laurie Hale, et. al. (“Residents”) appeal the trial court’s grant of summary judgment based on a finding that an easement existed over the common ground of Residents’ subdivision. We affirm.

I. BACKGROUND

Eagle Crest Estates Subdivision (“Eagle Crest”), a single-family residential subdivision, is located south of Wild Horse Creek Road in the City of Chesterfield (“City”). Residents are all owners of lots and homes in Eagle Crest. Respondent Barry Simon Development, Inc. (“Simon”) owns approximately 39 acres to the south of Eagle Crest (“Property”). Simon plans to…