VAN McGIBNEY, et al. Missouri Cases

The Missouri Department of Natural Resources (DNR) appealed a declaratory judgment that invalidated its acquisition of properties for the Eleven Point State Park. The circuit court found DNR's action unlawful because a portion of the land was encumbered by a federal scenic easement prohibiting public access, which the court believed conflicted with the state park's purpose. The appellate court reversed, holding that DNR has broad statutory authority to acquire land for park purposes, and an easement restricting public access does not prevent such acquisition, especially since DNR regulations allow for restricted access areas within state parks.