Avery Contracting, LLC v. NiehausAnnotate this Case
Plaintiff filed a petition for a private way of necessity over properties owned by the Creekstone Homeowners Association and certain individuals (collectively, the Creekstone parties) and the Missouri Highways and Transportation Commission (MHTC). The Creekstone parties and MHTC filed motions to dismiss Plaintiff’s petition for failure to state a claim upon which relief can be granted. The trial court granted the motion and dismissed Plaintiff’s petition. The Supreme Court affirmed, holding (1) Plaintiff’s claim against the Creekstone parties was barred by Mo. Rev. Stat. 228.341, which provides that the statutes authorizing private ways of necessity do not apply to roads created by or included in a recorded plat referencing a declaration creating an owner’s association; and (2) Plaintiff’s claim against MHTC was barred because no statute authorizes private ways of necessity across public lands.