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HOLLARS v. CHURCH OF GOD OF APOSTOLIC FAITH, INC.

No. 11205.

596 S.W.2d 73 (1980)

Andrew J. HOLLARS and Esther Hollars, His Wife, Plaintiffs-Respondents, v. The CHURCH OF GOD OF the APOSTOLIC FAITH, INC., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Four.

March 6, 1980.

Attorney(s) appearing for the Case

Robert S. Wiley, Crane, for plaintiffs-respondents.

Keith V. Williams, Springfield, for defendant-appellant.

PREWITT, Judge.

Defendant appeals from a judgment establishing a private road of necessity over its property. § 228.340, RSMo 1969. Defendant contends that this statute is not applicable because a public road passes alongside plaintiffs' land.

Plaintiffs own 40 acres immediately west of defendant's property. An accessible public road runs along the northern boundary of plaintiffs' property. A "gorge", "canyon", "hollow", "valley", or "ravine", as it is...

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