Avery Contracting, LLC v. Richard Niehaus, Lisa J. Niehaus, Alicia Niehaus, Creekstone Homeowners Association, and Missouri Highways and Transportation Commission

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’s claim against the Creekstone parties is barred by section 228.341, 1 which, in part, provides that the statutes authorizing private ways of necessity do not apply to roads created by or included in a recorded plat referencing a declaration creating an owner’s association.…