Farrow v. Brown

REINHARD, Judge.

Plaintiff appeals the circuit court’s summary judgment in favor of defendants in plaintiffs action to establish a private road of necessity, § 228.342, RSMo. Supp.1992. 1 We reverse and remand.

Plaintiff purchased, on October 23, 1992, property in Cape Girardeau County from Donald and Faye Hirsch. The Hirsches had, on January 3, 1969, filed a three count peti tion in the Cape Girardeau Court of Common Pleas seeking a prescriptive easement over property owned by defendants (Count I), or alternatively, a private road of necessity pursuant to § 228.340 over that property (Count…