Almond v. Bell

DANIEL E. SCOTT, Judge.

Appellants (“defendants”) 1 owned a subdivision lot and were building a home on it. Alleging she was “lawfully possessed of an Easement” to operate a community water system on the same lot, respondent (“plaintiff’) obtained an injunction in her favor. We cannot sustain the judgment as it is unsupported by substantial evidence. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976); Harris v. Brown, 218 S.W.3d 630, 632 (Mo.App.2007). Accordingly, we reverse.

Facts and Background

Kirkwood Heights Subdivision was platted in rural Butler County in the 1940s. The developers put a…