JOHNSTON v. SHOULTS

No. 26345.

160 S.W.3d 440 (2005)

David J. JOHNSTON, Jr., Respondent, v. Anzel E. SHOULTS and Donna Shoults, Appellants.

Missouri Court of Appeals, Southern District, Division Two.

April 22, 2005.


Attorney(s) appearing for the Case

Daniel E. Leslie, Leslie, Spieler & Fulford, LLC, Union, for appellants.

Mark Weaver, Salem, for respondent.


ROBERT S. BARNEY, Judge.

Appellants, Anzel E. Shoults and Donna Shoults ("the Shoultses") appeal from a judgment entered by the trial court in favor of Respondent, David J. Johnston, Jr. ("Johnston") establishing a 20-foot wide roadway by strict necessity, pursuant to section 228.342, across land owned by the Shoultses in Dent County, Missouri.1 The trial court determined Johnston had no access to a public road from an 80-acre tract he...

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