Roger Dunham - Director, Midsouth Region

Final Diagnosis


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. Belinda Dunham and her husband, Roger Dunham, began as joint plaintiffs in this case. They are referred to collectively as Dunham. At oral argument, counsel for Dunham indicated that Roger Dunham had quit claimed his interest in their lots to Belinda Dunham.

Dunham later amended the complaint to a request for declaratory judgment of whether lot ownership in the First Addition to Hackney Field Addition included the right to unfettered use of Hackney Field and whether Hackney Airpark had infringed upon Dunham's property rights by restricting commercial use of Hackney Field. Hackney Airpark answered and filed a motion for summary judgment. Dunham also filed a motion for summary judgment, relying on the pleadings and documents already filed in the case, together with the affidavits of Roger Dunham and Belinda Dunham. Hackney Airpark responded with an affidavit from Florice Hackney. In her affidavit, Florice Hackney explained:

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Ed Pierce with his award of Ultra Light Grand Champion of Superior Workmanship and Design.
Roger Dunham with his award of Ultra Light Reserve Grand Champion second place for Superior Workmanship and Design.

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Belinda and Roger Dunham, husband and wife, appeal the district court's order granting summary judgment in favor of Hackney Airpark, Inc. The principal issue presented is whether the plats of the Hackney Field Addition and First Addition to Hackney Field Addition granted unrestricted use of the Hackney Field airstrip and taxiways to purchasers of the adjoining subdivision lots. We affirm the district court's order.