Missouri Court of Appeals, Southern District / Feb 17, 2022
RANDY FOSTER, JERRY DARTER, STANLEY RODERY, SCOTT BUIE, and DEWAYNE HENSLEY, Appellants vs. DUNKLIN COUNTY, MISSOURI, Respondent
Randy Foster and other residents of Dunklin County filed a declaratory judgment action challenging a county commission order vacating County Road 223. The trial court dismissed their petition with prejudice, citing a failure to file remonstrances or a timely petition for review. On appeal, the Southern District affirmed the dismissal but modified it to be without prejudice, holding that the plaintiffs lacked standing because their petition only alleged residency and failed to demonstrate a legally protectable interest distinct from the general public.