Merrick v. Lensing

CRIST, Presiding Judge.

Action by plaintiffs-respondents (hereinafter “landlocked owners”) to establish a private road across appellant's (hereinafter “servient owner”) land pursuant to §§ 228.-340 to 228.480, RSMo. 1978. We affirm.

The trial court ruled landlocked owners were entitled to a way of strict necessity over servient owner’s land. A jury assessed damages for the taking of the roadway in favor of servient owner in the sum of $7,500.00. All parties appeal.

Servient owner contends there was no strict necessity for the proposed road because he had offered landlocked owners other land on…