Stieren v. Grothaus

559 S.W.3d 70
CourtMissouri Court of Appeals
DecidedSeptember 11, 2018
DocketED 106188
StatusPublished

This text of 559 S.W.3d 70 (Stieren v. Grothaus) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stieren v. Grothaus, 559 S.W.3d 70 (Mo. Ct. App. 2018).

Opinion

Gary M. Gaertner, Jr., Judge

Introduction

Gary and Peggy Fuerst (Appellants) appeal the trial court's judgment establishing a plan of maintenance for a private road. Appellants argue that the trial court failed to follow Section 228.369, RSMo. (Supp. 2012) when establishing the plan of maintenance and that the trial court's judgment is unsupported by substantial evidence and against the weight of the evidence. We affirm.

Background

A group of homeowners whose homes abut Sugar Mountain Road, a private road in Jefferson County, initiated the underlying suit. These homeowners alleged that the homeowners along Sugar Mountain Road could not agree to a plan for maintenance of the road, and they requested that the trial court establish such a plan. All but two of the homes represented in the *72underlying suit are part of the Fordee Ridge Estates Subdivision (Subdivision). Fred Caress II, Doris Caress, Randy Caress, and Lisa Caress own a home (Caress home) that is outside the Subdivision and predates the Subdivision. Fred Caress II originally constructed the first 713 feet of Sugar Mountain Road as a driveway to the Caress home and as access to an adjoining public road, Old Sugar Creek Road. Later, construction of the Subdivision included extending Sugar Mountain Road another 3,207 feet to provide access to the homes in the Subdivision.

The trial court entered an order finding that the initial 713 feet of Sugar Mountain Road (Entrance and Hill) is distinct from the remaining portion of the road (Subdivision Road). The court found that "all parcels beyond the entrance to the subdivision receive benefit from the entire subdivision road being accessible and in uniform good repair." The trial court entered an order establishing a plan of maintenance for Sugar Mountain Road in two parts. First, regarding the Entrance and Hill, the court found that all parties should share the expense of maintaining and preparing that 713-foot portion of the road, and that each household must pay an annual assessment of $100.00 for the Entrance and Hill. Regarding the Subdivision Road, the trial court found that the owners of all homes abutting the remainder of the road, essentially all homes except the Caress home,1 must pay an annual assessment of $500.00 for the maintenance and repair of the Subdivision Road. Appellants, who own a home in the Subdivision and were defendants in the underlying suit, appeal the trial court's judgment.

Standard of Review

Our review of a court-tried case is governed by the principles set forth in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We will sustain the judgment of the trial court unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Id. We are bound by the trial court's findings if supported by evidence, and we consider any fact issue for which the trial court made no specific finding as found in accordance with the result reached. McAllister v. McAllister, 101 S.W.3d 287, 290 (Mo. App. E.D. 2003). Where there is conflicting evidence, we defer to the trial court's judgment even if there is evidence that would support a different conclusion. Id.

Discussion

Appellants raise two points on appeal. First, they argue the trial court erred in apportioning assessments for the Subdivision Road equally among all property owners except the Caress family because there was no evidence the owners all benefited equally from the road. In Point II, they argue that the trial court erred in treating the Entrance and Hill as distinct from the Subdivision Road. We discuss each in turn.

Point I

Appellants argue first that there was no evidence to support the trial court's equal division of the cost of maintaining the Subdivision Road because the evidence does not support the conclusion that all parcels past the Subdivision entrance benefit equally from the Subdivision Road. We disagree.

*73Section 228.369 governs the trial court's road maintenance plan here. It provides that one or more owners using a private road may petition the court for an order establishing a road maintenance plan. Subsection 2 directs the trial court as follows:

The cost of a plan of maintenance for a private road shall be apportioned among the owners of residences abutting the private road and holders of easements to use the private road, with the cost apportioned commensurate with the use and benefit to residences benefitted by the access, ... with such method of apportionment as ... ordered by the court, including, but not limited to, equal division, or proportionate to the residential assessed value, or to front footage, or to usage or benefit.

Thus, Section 228.369.2 confers discretion on the trial court to apportion the maintenance costs under a number of different methods, including equal division.

Here, regarding the Subdivision Road, the trial court found that "all parcels beyond the entrance to the subdivision receive benefit from the entire subdivision road being accessible and in uniform good repair." The trial court equally divided maintenance costs among all owners except the Caress family for the Subdivision Road.

Under the circumstances, the trial court's judgment dividing the cost of maintenance of the Subdivision Road equally is not against the weight of the evidence. There was evidence at trial that all owners, except the Caress family, benefited from the Subdivision Road for access to their properties, mail delivery, delivery trucks, and emergency response vehicles. The trial court found that most parties had been voluntarily paying an annual assessment of $300 and participated in one special assessment of $525. The plaintiff owners sought equal division of the maintenance cost, and other owners also testified that the cost should be split equally. This evidence supported the trial court's conclusion that the owners benefited equally from having a road that is accessible and in good repair and should therefore divide the maintenance costs equally.

Though Appellants point to evidence that some owners utilized the road more than others for activities associated with their households or businesses, the statute does not require that the trial court divide maintenance costs based on actual usage of the road. Section 228.369.2 includes benefit to each parcel as a factor for the court to consider, and here the trial court found that each parcel benefits equally from a road in good condition. Such benefit in the form of potential for usage for a variety of both necessary services and for business or pleasure is available to each owner equally, and the trial court did not err in thus dividing the assessments equally.

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Related

McAllister v. McAllister
101 S.W.3d 287 (Missouri Court of Appeals, 2003)
Murphy v. Carron
536 S.W.2d 30 (Supreme Court of Missouri, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
559 S.W.3d 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stieren-v-grothaus-moctapp-2018.