How to unshare a shared driveway

[woodyga]

What does your new attorney think about the judge's decision??
How long is your appeal going to take??

My attorney cant understand why the judge did what he did either. I believe he said the appeal would take about 6 months, but we are past that time already. My attorney has requested to have oral arguments before the appellate court. We filed the appeal in April of this year..

Woody,

 

[woodyga]

waiting on the court

Hi Gang,
Another update. The appellate court finally heard our case on 2/3/10. Waiting on a decision..I looks like it could be April before they render an opinion..
The wheels of justice turn slowly on.. wish us luck !!!!
wow almost 10,000 views..

Woody,

 

[drewguy]

Hi Gang,
Another update. The appellate court finally heard our case on 2/3/10. Waiting on a decision..I looks like it could be April before they render an opinion..
The wheels of justice turn slowly on.. wish us luck !!!!
wow almost 10,000 views..

Woody,

Good luck. Was there oral argument? Did the court seem troubled by the lower court's decision?

 

[woodyga]

no drew, no oral argument, just submitted on briefs.


Woody,

 

[woodyga]

Well Its Over ...We Lost on appeal

final update gang.

We lost our appeal. Here is the opinion

Division Two Holds: The trial court’s declaratory judgment and permanent injunction entered in favor of Respondent, ordering Appellants to remove a fence erected by Appellants that prevented Respondent’s lawful use by virtue of a joint easement by implication of the driveway between the respective parties’ properties are supported by substantial evidence, sufficiently describe the legal description of the property subject to the judgment, and are not in violation of Missouri Rule of Civil Procedure 92.02, which applies to temporary restraining orders and preliminary injunctions, not a permanent injunction as was issued in the instant case.
Opinion by: Sherri B. Sullivan, P.J. Robert G. Dowd, Jr., J., and Patricia L. Cohen, J., concur.

Woody

 

[drewguy]

Well, sounds like the appellate court got it as wrong as the trial court. Miscarriage of justice, blah blah. I suppose you can keep appealing, although unfortunately with a ruling like that any higher court is probably going to say "nutty appellant".

 

[blocked]

How much did it end up costing you?

 

[woodyga]

We have spent over $6500 on this case.. The fund bucket is empty... The only way we can appeal again is if someone would do it pro bono..
I personally didnt think that they had met all four elements for an easement by implication..

Woody,

 

[FarmerJ]

Woody , May the lottery gawds bless you with cash in order to buy her home first time it comes up for sale in order to increase your options like ending any recorded documentation now that gives her a easement since you were not able to win or , fire dept practice and combining into one huge lot wouldnt be a bad idea.

 

[Lady Catrina]

Woody - I just came across your case today, and am sorry that it ended the way it did. It galls me that in your case, and others that I have researched today, it seems that the property owner loses more often than the neighbor encroaching on and using said property.

 

[Mi_Clements]

Mi

Hi Woody,
I am regret to see the result. Before you go to next appeal, I would suggest you review the following to avoid more loss:
1, You are claiming the neighbor do not have easement, but your attorney brought the daughter's of previous owner to court and testified they gave easement to neighbor. Is that possible these two statements confused judge?
2, Building fence on driveway without court approval did not violate the law in your state? I know if this happened in NH, any officer with police power is authorized to remove it at the expense of owner or operator.
Just my two cents.