Legal Opinion
Stewart v. Sidio
Missouri Court of Appeals
Decided January 23, 2012No. SD 31098PublishedCited by 7 opinions
1Opinion of the Court
DANIEL E. SCOTT, Judge.
In this non-jury case, the trial court *526ordered defendants1 to remove fencing that blocked a buffer strip running along and behind their subdivision lots. Defendants admit they do not own the strip, but allege that plaintiff lacks standing to complain because he does not own it either. We affirm the judgment because (1) the trial court did not misapply the law in focusing on possession, not ownership, of the strip; and (2) defendants do not properly present an “against the weight of evidence” challenge.2
Background
The record, viewed favorably to the judgment, shows that…
2Cases cited7 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- Houston v. CriderMissouri Court of Appeals · 2010
- Elton v. DavisMissouri Court of Appeals · 2003
- Kugler v. RyanMissouri Court of Appeals · 1984
- International Brotherhood of Electrical Workers, Local Union No. 814 v. MonseesMissouri Court of Appeals · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jordan v. USF Holland Motor Freight, Inc.Missouri Court of Appeals · 2012
- Payne v. Treasurer of the StateMissouri Court of Appeals · 2014
- Gonzales v. Butterball, L.L.C.Missouri Court of Appeals · 2015
- ELEAZAR GONZALES, Claimant-Respondent v. BUTTERBALL, L.L.C., Employer-Appellant, and ACE AMERICAN INSURANCE COMPANY, Insurer-Appellant.Missouri Court of Appeals · 2015
- DONALD PAYNE, Claimant/Appellant v. TREASURER OF THE STATE OF MISSOURI, CUSTODIAN OF SECOND INJURY FUNDMissouri Court of Appeals · 2014
2 more not listed; retrieve them via the Exa API.