Missouri Court of Appeals, Southern District Digest: Sept. 5, 2022

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Real Property

Property Acquisition

State Park Creation

Easement

Where the Department of Natural Resources challenged a declaratory judgment entered by the trial court declaring invalid the acquisition of properties along a river for the creation of a state park, the department’s intended use of the land was supported by the Scenic Easement and the Wild and Scenic Rivers Act, and the declaratory judgment is reversed because the court erroneously declared and misapplied the law governing the department’s authority to acquire land under the relevant statute.

Judgment is reversed.

McGibney v. Department of Natural Resources (MLW No. 78858/Case No. SD36846 – 17 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Oregon County, Privette, J. (Robert Jacob Schmidt, Jefferson City; Amanda Rae Langenheim, Kansas City, MO; and Michael Everett Talent, St. Louis; for appellant) (Derrick Shane Kirby and Devin Kirby, Doniphan, for respondent).

https://www.courts.mo.gov/file.jsp?id=188793