The land was deeded to the Trust by Billy Massey in 2002. The land surrounding the cemetery is currently owned by the Robert Plaster Trust. Between the road and the cemetery is a grassy area where cemetery visitors park their cars. It is the only public road that provides access to the cemetery. Row Crop Road is a gravel road that was built by Laclede County in the 1950s and maintained by the county ever since. It stretches over one acre of land and has been in use by members of the community for more than 100 years. Rather, the response must support each denial with specific references to the discovery, exhibits, or affidavits that demonstrate specific facts showing that there is a genuine issue for trial. Denials may not rest upon mere allegations. The responding party must then admit or deny each of the movant s factual statements in numbered paragraphs based on the record. uncontroverted material facts ¦ with particularity in separately numbered paragraphs and supported with specific references to the pleadings, discovery, exhibits, or affidavits. 2 Besides the Plaster Trust and its affiliate (Empire Ranch), there is only one other property owner in the Village of Evergreen. The party seeking summary judgment must attach a statement of 1 A trust is not technically a proper party, so this Court does not refer to it as such. The required procedure for summary judgment motions is found in Rule 74.04. Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. The trial court concluded that, as a matter of law, because the Village did not annex the road, it could not regulate the road, and the court entered judgment for the cemetery. 2 The ultimate issue is whether the Village has authority over a gravel road leading to the cemetery. 1 The Village, which is comprised almost entirely of land owned by the Trust, is located in the county. Stephen Plaster is the trustee of the Plaster Trust and of the Village of Evergreen. The cemetery is owned by Laclede County ( the county ). Plaster Trust ( the Trust ), the Village of Evergreen, an incorporated village ( the Village ), and Stephen Plaster ( Plaster ). The parties in this case are Orla Holman Cemetery, Inc., a Missouri nonprofit corporation ( the cemetery ), Susan Rector (her father is buried in the cemetery), the Robert W. In all other respects, the judgment is affirmed. Because Orla Holman Cemetery has not proven it is entitled to judgment as a matter of law to an easement over the parking area, this Court reverses that part of the judgment and remands the case. Because the Village of Evergreen did not annex the road, it is not within the Village s boundaries, and the Village has no authority to regulate it. The undisputed facts establish that Laclede County owns Row Crop Road. SC90133 APPEAL FROM THE CIRCUIT COURT OF CAMDEN COUNTY The Honorable Carl D. PLASTER TRUST, and VILLAGE OF EVERGREEN, Appellants. Supreme Court of Missouri en banc ORLA HOLMAN CEMETERY, INC., and SUSAN RECTOR, Respondents, v.
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