FORTENBERRY v. BALI

No. 46928.

668 S.W.2d 216 (1984)

Avery A. FORTENBERRY and Janis C. Fortenberry, Respondents, v. Philip BALI and Celestena Bali, Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

March 13, 1984.


Attorney(s) appearing for the Case

Joseph L. Racine, Clayton, for appellants.

John J. Stewart, Clayton, for respondents.


REINHARD, Judge.

Plaintiffs Avery and Janice Fortenberry instituted suit pursuant to § 228.340, RSMo. 1978, to establish a private road by reason of strict necessity across land of the defendants, Philip and Celestena Bali. Defendants appeal after the circuit court found plaintiffs had no means of access to their property and therefore were entitled to a road of necessity over defendants' land.

The plaintiffs alleged in their petition that they are owners...

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