Fortenberry v. Bali

REINHARD, Judge.

Plaintiffs Avery and Janice Fortenberry instituted suit pursuant to § 228.340, RSMo. 1978, to establish a private road by reason of strict necessity across land of the defendants, Philip and Celestena Bali. Defendants appeal after the circuit court found plaintiffs had no means of access to their property and therefore were entitled to a road of necessity over defendants’ land.

The plaintiffs alleged in their petition that they are owners of land in St. Louis County, that no public road passes through or alongside their land, and that a private road across defendants’ property…