Johnston v. Shoults

ROBERT S. BARNEY, Judge.

Appellants, Anzel E. Shoults and Donna Shoults (“the Shoultses”) appeal from a judgment entered by the trial court in favor of Respondent, David J. Johnston, Jr. (“Johnston”) establishing a 20-foot wide roadway by strict necessity, pursuant to section 228.342, across land owned by the Shoultses in Dent County, Missouri. 1 The trial court determined Johnston had no access to a public road from an 80-acre tract he owned other than by the roadway so established. In their sole point relied on, discussed below, the Shoultses maintain the trial court erred in granting a…