Hollars v. Church of God of Apostolic Faith, Inc.
Missouri Court of Appeals
596 S.W.2d 73 (1980)
- Written by Sean Carroll, JD
Facts
An east-to-west hollow ran through the property of Andrew and Esther Hollars (plaintiffs), effectively dividing the property. A public road ran along the northern border of the property. Due to the hollow, vehicles could not pass from the north side of the property to the south side. The defendant owned adjacent property to the east of the east of the Hollarses’ property. To access the southern portion of their property, the Hollarses crossed over property belonging to the Church of God of Apostolic Faith (defendant). The church asked the Hollarses to stop this practice, at which point the Hollarses brought suit seeking a court order implying an easement of necessity over the church’s property. A Missouri statute stated that an easement by necessity would not be permitted if a public road passed through or alongside the property of the party seeking the easement. The trial court granted the Hollarses the requested easement. The church appealed.
Rule of Law
Issue
Holding and Reasoning (Prewitt, J.)
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