The Empire District Electric Company, a Kansas Corporation, and Westar Generating, Inc., a Kansas Corporation v…

Summary

The Supreme Court of Missouri affirmed judgment for the Utilities in their quiet-title action, holding that the circuit court properly used Rule 74.04(d) to establish facts for trial and did not contradict those facts in its final judgment. The established facts and trial findings did not compel judgment for Scorse because his evidence was insufficient as a matter of law to establish actual and exclusive adverse possession. The court also held that the circuit court was required to include only established facts material to its legal conclusions, not every fact identified in the Rule 74.04(d) order.