Sorry for the rant....I just had to vent to keep myself from Locking and loading to solve this problem once and for all.

Just got an email updating our now 4 year legal battle over our property access. Since by Missouri State law, a landowner MUST be granted access to their property, but we were just legally denied that right, you have to wonder why more people don't actually go postal rather than just wanting to.... Our "easement" stops 50 feet short of any public road and the public road the state built 80 years ago was deemed to be imaginary....unreal!!!!

From my attorney (after 75K in legal fees)....

The Southern District affirmed Ellsworth - it would be unbelievable except for the tortured history of this case. Basically, the court punted by finding that Ellsworth heard the testimony and is entitled to make credibility determinations.

This is bogus, it is what appellate courts rely on when they have no other basis to affirm a trial court. In doing so, I think that the appellate court misapplied the law. Another tell-tale sign that the court knew it was punting and misapplying the law is that it refused to publish the opinion, which is how it avoids letting bad decisions be relied upon in future cases!!!

Our options at this point are to accept this and negotiate with Goforths to build out the alternative easement or to seek transfer to the Supreme Court for Missouri.

I have been to the Supreme Court twice and won both times, which is a good record. Frankly, each appeal gets more difficult to win, but I see holes in this opinion that may well get the attention of the Supremes and they may grant review.

Obviously, there are costs associated with another appeal, apart from fees. Let's chat before making any decisions, but I want to let you know that I am willing to do the legal work for payment of fees outstanding, so long as you carry the costs. In other words, you pay for the printing, filing, etc., and the bill for my fees won't increase.

Digest this, vomit, then vomit again and let's set up a time to talk. Frankly, I think you need to consider this as part of your criminal defense as well, because basically this means that you did not have rights to use the road and as you know, the local, hometown prosecutor wants to send you to jail for several months for trespassing on your own property.

Sorry the news wasn't good!