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AVERY CONTRACTING, LLC v. NIEHAUS

No. SC 95064.

492 S.W.3d 159 (2016)

AVERY CONTRACTING, LLC, Appellant, v. Richard NIEHAUS, Lisa J. Niehaus, Alicia Niehaus, Creekstone Homeowners Association, and Missouri Highways and Transportation Commission, Respondents.

Supreme Court of Missouri, en banc.

Opinion issued June 28, 2016.

Attorney(s) appearing for the Case

Avery was represented by Philip K. Gebhardt of Gebhardt Real Estate and Legal Services LLC in DeSoto, (636) 586-4545.

The Niehauses and homeowners association were represented by Jeffrey B. Hunt and Jess W. Ullom of Doster Ullom & Boyle LLC in Chesterfield, (636) 532-0042.

The commission was represented by John W. Koenig Jr. , Bryce Gamblin and Richard L. Tiemeyer of the commission's office in Chesterfield, (314) 453-1852.

Avery Contracting, LLC (Avery) appeals from a judgment dismissing its petition for a private way of necessity over properties owned by Richard, Lisa, and Alicia Niehaus, the Creekstone Homeowners Association (collectively, the Creekstone parties), and the Missouri Highways and Transportation Commission (MHTC). Avery...

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