Michael P. Byrne Missouri Cases

Orin and Donna Wallace sought a declaratory judgment regarding an easement over Michael Byrne's property, which they had used for access since 1994. The trial court declared the existence and location of an express easement, awarded damages, injunctive relief, and attorney fees due to Byrne's interference. Byrne appealed, challenging the easement's existence and location, and the application of a balancing test. The appellate court affirmed the trial court's judgment, concluding that an express appurtenant easement existed and its location was established by description and use, and that a balancing test was inapplicable. The case was remanded for the trial court to calculate attorney fees on appeal for the Wallaces.