Stewart v. Sidio
358 S.W.3d 524
| Mo. Ct. App. | 2012Background
- Plaintiff bought 360 acres of pasture in 1970; the Busiek fence marked the east boundary but did not reflect the surveyed boundary.
- In 1994, plaintiff platted a subdivision on part of his land and reserved a 50-foot buffer strip between the subdivision and the Busiek fence; subdivision east-edge pins were set over 100 feet short of the Busiek fence.
- Plaintiff retained the buffer strip (and land south of the subdivision), paid taxes on it, and allowed subdivision residents to cross the buffer to access Busiek Park.
- In 2001–02, defendants bought the easternmost subdivision lots and fenced across to the Busiek fence, turning part of the buffer into a rectangular pen and using land they did not own.
- Plaintiff objected to the fences; defendants refused to remove them and threatened prosecution if plaintiff entered the property.
- Plaintiff sued for ejectment, trespass, and injunctive relief; trial court ordered removal and enjoined defendants from using the buffer strip.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether possession, not ownership, supports plaintiff's claims | Scott owns possessory rights to buffer; possession suffices | Plaintiff lacks ownership; cannot sue without title | possession suffices; court upheld judgment |
| Whether MDC ownership defeats standing or real party in interest | Plaintiff can sue for possession regardless of MDC title | MDC is the true owner; plaintiff lacks standing | MDC ownership not required; plaintiff may sue for possession |
| Whether the case is against the weight of the evidence | Evidence supports plaintiff's possession claim | Weight of the evidence favors defendants | Defendants failed to carry burden for weight-of-evidence reversal |
| Whether plaintiff attempted to quiet title by adverse possession | suit did not seek quiet title | quiet-title theory implied in possession claim | Judgment not based on quiet-title; not contrary to analysis |
Key Cases Cited
- Thomason Inv., L.L.C. v. Call, 229 S.W.3d 297 (Mo.App.2007) (deference to trial court in evaluating record evidence and maps)
- Fairdealing Apostolic Church, Inc. v. Casinger, 353 S.W.3d 396 (Mo.App.2011) (standing to sue where real title may be in another party)
- Int'l Bhd. of Elec. Workers v. Monsees, 335 S.W.3d 105 (Mo.App.2011) (trespass where possession controls remedy)
- Elton v. Davis, 123 S.W.3d 205 (Mo.App.2003) (ejectment rests on possession, not necessarily ownership)
- Kugler v. Ryan, 682 S.W.2d 47 (Mo.App.1984) (injunctive relief lies against continuing trespass)
- Houston v. Crider, 317 S.W.3d 178 (Mo.App.2010) (weight of evidence defined by probative value, not quantity)