Lee v. Rolla Speedway, Inc., 56177

CourtUnited States State Supreme Court of Missouri
Writing for the CourtPER CURIAM
Citation494 S.W.2d 349
PartiesRalph E. LEE et al., Plaintiffs-Appellants, v. ROLLA SPEEDWAY, INCORPORATED, a corporation, and Central Missouri Regional Fair, Incorporated, a corporation, Defendants-Respondents
Docket NumberNo. 1,No. 56177,56177,1
Decision Date14 May 1973
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9 practice notes
  • Frank v. Environmental Sanitation Management, Inc., No. 66244
    • United States
    • United States State Supreme Court of Missouri
    • 2 April 1985
    ...intent and/or negligence are required in order to maintain a private nuisance action. A subsequent case, Lee v. Rolla Speedway, Inc., 494 S.W.2d 349 (Mo.1973), used the Restatement balancing test in a similar manner, but did not mention the requirement of intent and/or Id. at 53 n. 251. 2 C......
  • Fletcher v. City of Independence, No. WD
    • United States
    • Court of Appeal of Missouri (US)
    • 28 January 1986
    ...interferes with that source of enjoyment, the law strikes the balance, prima facie, in favor of the harm. Lee v. Rolla Speedway, Inc., 494 S.W.2d 349, 355 2 An unreasonable use, perpetuated and uncorrected even after complaint and notice of damage, is deemed intentional. Hawkins v. Burlingt......
  • Eyerman v. Mercantile Trust Co., N.A., No. 35699
    • United States
    • Missouri Court of Appeals
    • 22 April 1975
    ...threatened with wrongful interference of property rights may seek injunction against a threatened nuisance, Lee v. Rolla Speedway, Inc., 494 S.W.2d 349 (Mo.1973), and the trust indenture regulating Kingsbury Place empowers the trustees or any property owner to bring suit to enforce the cove......
  • Lee v. Rolla Speedway, Inc., No. 10012
    • United States
    • Missouri Court of Appeals
    • 23 June 1976
    ...of the track operation and the rights of the parties can much better be adjudged on that basis.' Lee v. Rolla Speedway, Incorporated, 494 S.W.2d 349, 355(4) (Mo.1973). Following the second trial, the circuit court prepared and filed a comprehensive memorandum containing extensive findings o......
  • Request a trial to view additional results
9 cases
  • Frank v. Environmental Sanitation Management, Inc., No. 66244
    • United States
    • United States State Supreme Court of Missouri
    • 2 April 1985
    ...intent and/or negligence are required in order to maintain a private nuisance action. A subsequent case, Lee v. Rolla Speedway, Inc., 494 S.W.2d 349 (Mo.1973), used the Restatement balancing test in a similar manner, but did not mention the requirement of intent and/or Id. at 53 n. 251. 2 C......
  • Fletcher v. City of Independence, No. WD
    • United States
    • Court of Appeal of Missouri (US)
    • 28 January 1986
    ...interferes with that source of enjoyment, the law strikes the balance, prima facie, in favor of the harm. Lee v. Rolla Speedway, Inc., 494 S.W.2d 349, 355 2 An unreasonable use, perpetuated and uncorrected even after complaint and notice of damage, is deemed intentional. Hawkins v. Burlingt......
  • Eyerman v. Mercantile Trust Co., N.A., No. 35699
    • United States
    • Missouri Court of Appeals
    • 22 April 1975
    ...threatened with wrongful interference of property rights may seek injunction against a threatened nuisance, Lee v. Rolla Speedway, Inc., 494 S.W.2d 349 (Mo.1973), and the trust indenture regulating Kingsbury Place empowers the trustees or any property owner to bring suit to enforce the cove......
  • Lee v. Rolla Speedway, Inc., No. 10012
    • United States
    • Missouri Court of Appeals
    • 23 June 1976
    ...of the track operation and the rights of the parties can much better be adjudged on that basis.' Lee v. Rolla Speedway, Incorporated, 494 S.W.2d 349, 355(4) (Mo.1973). Following the second trial, the circuit court prepared and filed a comprehensive memorandum containing extensive findings o......
  • Request a trial to view additional results

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