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THOMAS TUBBS, et al. v. BNSF RAILWAY COMPANY, INC
MoreLaw Performance MarketingIf It Does Not Work, It Is Free! |
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The Tubbses own and operate a farm in a floodplain near the Missouri River in Holt |
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Estate of Leon Walker, Jr. v. Building Inspector Hershell Wallace
Eastern District of Missouri Federal Courthouse - St. Louis, Missouri |
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One morning, a SWAT team raided a St. Louis house in which the plaintiffs |
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The Branson Label, Inc. v. City of Branson | |
The Branson Label, Inc., a Florida corporation ("Florida Branson Label"), |
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Bret Miller v. City of Wentzville, Missouri | |
Plaintiffs, Bret Miller and Natalie Miller, appeal from the entry of summary judgment in favor of defendant, the City of Wentzville, Missouri, on their inverse condemnation claim to recover damages for cracks in their garage and house foundation, which they alleged had been caused by "street creep," the movement and expansion of the concrete street in the absence of adequate expansion joints. |
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Margaret French v. Barber Asphalt Paving Company | |
This was a suit instituted in the circuit court of Jackson county, Missouri, by the Barber Asphalt Paving Company, a corporation whose business it was to construct pavements composed of asphalt, against Margaret French and others, owners of lots abutting on Forest avenue in Kansas City, for the purpose of enforcing the lien of a tax bill issued by that city in part payment of the cost of paving sa... More... $0 (04-29-1901 - MO) |
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Sarah Illig v. Union Electric Company | |
Sarah and Gale Illig (collectively, "Illig"), on behalf of themselves and others similarly situated, brought suit against Union Electric Company ("Union") in Missouri state court, alleging claims of inverse condemnation and trespass under Missouri law. |
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Jason A. Inman v. St. Paul Fire & Marine Insurance Company | |
Jason and Jennifer Inman (“the Inmans”)1 appeal the judgment of the trial court sustaining St. Paul Fire & Marine Insurance Company’s (“St. Paul”) motion for summary judgment. We affirm the judgment of the trial court. |
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David McNeill v. City of Kansas City | |
David McNeill sued the City of Kansas City on an inverse condemnation theory claiming that a building that he bought in 2008 for $16,000 was demolished by the without notice and opportunity to correct problems with the property. Plaintiff has been advised by the City that he needed to remedy deficiencies and had agreed to do so.... More... $150000 (07-15-2011 - MO) |
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Fred Eppenberger v. Metropolitan St. Louis Sewer Distrcit | |
Fred Eppenberger, Maxine Smith, and William Bain (hereinafter and collectively, “Homeowner”) brought suit against Metropolitan Saint Louis Sewer District (hereinafter, “MSD”) for a known dangerous condition of the River des Peres and inverse condemnation in connection with the flooding of their homes. MSD filed a motion for summary judgment which was granted by the trial court. Homeowner b... More... $0 (04-19-2011 - MO) |
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Leodegaria Sanchez Pontigon v. Udis Sanchez Lord | |
This is an appeal from the registration of a Canadian defamation judgment. We reverse. Because only questions of law are at issue, we review de novo. State ex rel. Nixon v. Griffin, 291 S.W.3d 817, 819 (Mo. App. W.D. 2009). |
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State of Missouri v. The Metropolitan St. Louis Sewer District | |
Quo warranto against the Metropolitan St. Louis Sewer District and its trustees on the ground that it is operating under an invalid and unconstitutional plan. There is no dispute about the facts. The issue to be decided is whether the plan under which the District is organized and operating attempts to confer [365 Mo. 6] powers in excess of the constitutional authority under which the District was... More... $0 (02-14-1955 - MO) |
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Bill Butts v. Missouri Department of Conservation | |
Bill Butts ("Bill") and his wife, Debra Butts ("Debra") (collectively "Plaintiffs"), brought claims for personal injury and loss of consortium, respectively, against the Missouri Department of Conservation ("Defendant"), alleging Bill suffered physical injuries when he tripped in the dark over a chain Defendant had negligently placed between two poles. After a jury trial, the trial court accepted ... More... $0 (11-04-2009 - MO) |
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City of Branson v. Branson Hills Master Association, Inc. and Grant General Contractors, Inc., and Jista, Inc. | |
The City of Branson, Missouri, exercised its eminent domain authority by condemning a parcel of land in Branson Hills, a development in Taney County, Missouri, owned by Grant General Contractors, Inc. (Grant). An order of condemnation was entered appointing commissioners to assess damages as prescribed by Rule 86.06. The Commissioners’ Report was filed, after which exceptions were filed by the c... More... $0 (08-05-2009 - MO) |
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City of Richmond Heights v. Dorothy Waite, et al. | |
The City of Richmond Heights (the City) appeals from the trial court’s judgment dismissing the City’s condemnation action. The City seeks to condemn a parcel of property owned by Dorothy Waite (Seller) located within the Hadley Township Redevelopment Area. The trial court dismissed the City's petition based on its finding that the offer made by the City to purchase the property was not a bindi... More... $0 (04-07-2009 - MO) |
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Neil Schaffer v. Litton Interconnect Technology and Insurance Company of the State of Pennsylvania | |
Neil B. Schaffer (claimant) appeals a final award of the Labor and Industrial Relations Commission (the commission) that denied workers’ compensation benefits. This court affirms. Claimant sought compensation for an alleged occupational disease he asserts began approximately May 2, 2002.1 He was an employee of Litton Interconnect Technology (Litton) on the alleged injury date. He alleged that â€... More... $0 (01-14-2009 - MO) |
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United States v. Creative Compounds, LLC | |
Creative Compounds, LLC, illegally imported 8800 pounds of powdered egg whites intended for human consumption from Peru. After the product mistakenly cleared U.S. Customs, it was detained by the U.S. Department of Agriculture at a warehouse in Missouri. When Creative could not obtain a certificate from the Peruvian government that would permit use of the product as animal feed, the United States c... More... $0 (12-24-2008 - MO) |
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Trinity Cross v. Joseph J. Mokwa, etc. | |
The World Agricultural Forum (WAF) planned a conference in St. Louis in late May 2003. The St. Louis Police Department learned that prior WAF conferences in Boston, Washington, and other cities had attracted violent protests instigated by small anarchist groups that infiltrated peaceful protesters, and that Internet sites were exhorting out-of-town activists to travel to St. Louis to participate i... More... $0 (11-14-2008 - MO) |
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Angela Basham and Scott Basham v. City of Cuba, Missouri | |
Angela Basham and Scott Basham (plaintiffs) brought an action against the city of Cuba, Missouri. Plaintiffs' petition was in two counts. Count I sought damages for nuisance. Count II was an action for inverse condemnation. Both counts were directed to damages sustained at property plaintiffs own in the city that was damaged as a result of a sewer backup. The trial court found for the city on both... More... $0 (07-29-2008 - MO) |
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State ex rel. City of Blue Springs, Missouri v. The Honorable W. Stephen Nixon | |
Relator City of Blue Springs ("City") seeks a writ of prohibition requiring Respondent, the Honorable W. Stephen Nixon, to grant its motion for summary judgment on claims brought against the City by Blue Springs residents Shawn and Jennifer Stevens. The Stevenses allege that the City is liable to them under a theory of inverse condemnation because the City approved the plat of the development in w... More... $0 (04-29-2008 - MO) |
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Joseph D. Amrine v. George R. Brooks, et al. | |
After obtaining habeas relief from the Missouri Supreme Court, Joseph D. Amrine brought this action under 42 U.S.C. § 1983 against prison investigator George Brooks,2 deputy sheriff John Hemeyer, prosecutor Thomas J. Brown, III, and prosecution investigator Richard Lee for their roles in the investigation which led to his conviction for murder and sentence to death. The district court3 denied ... More... $0 (04-09-2008 - MO) |
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City of Cape Girardeau v. Jerel and Belen Lichtenegger d/b/a Global Trading | |
City of Cape Girardeau sued Jerel and Belen Lichtenegger d/b/a Global Trading on an eminent domain theory to acquire by condemnation certain rights, title and interests in property owned by them on Broadway in Cape Girardeau to widen the street. The Lichteneggers were offered $88,000 but declined, telling the city their property was bigger by half than Tracy's and in better shape. A three-person c... More... $65000 (01-31-2008 - MO) |
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Crabby's, Inc. v. James T. Hamilton and Paragon Ventures, L.L.C. | |
Buyers under a contract for sale of real estate appeal the trial court's judgment awarding Seller damages due to Buyers' breach of that contract. We affirm. Standard of Review This case was tried before the court without a jury. The standard of review in a court-tried case is set out in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). Harrison v. DeHeus, 230 S.W.3d 68, 74 (Mo.App. 2007... More... $0 (01-28-2008 - MO) |
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State ex rel. Audrain Healthcare, Inc., d/b/a Audrain Medical Center, Kurt M. Bracke, M.D., and Mexico Family Health Care, Relators, v. The Honorable Keith Sutherland, Respondent. (consolidated with) State ex rel. David Bowne, M.D., Relator, v. The Honorable Keith Sutherland, Respondent. | |
Relators in these cases are defendants in tort lawsuits originally filed in Audrain County. The plaintiffs in those suits sought a change of venue of right under Rule 51.03 because Audrain County has a population of fewer than 75,000 inhabitants.(FN1) The relators contend that section 508.011(FN2) prohibits application of Rule 51.03. Under the facts of these cases, chapter 508 does not contradi... More... $0 (09-18-2007 - MO) |
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Houston Randolph and David S. Randolph, Individuals, d/b/a Randolph Farm Equipment, et al. v. Missouri Highways and Transportation Commission | |
Appellants ("Property Owners") own real and personal property in and around Carrollton, Missouri. They appeal the decision of the trial court in dismissing their personal property claims in an inverse condemnation action as being untimely and the denial of an award of attorney fees and costs in their inverse condemnation case for property damages. On cross-appeal, the Missouri Highways and Tran... More... $0 (04-25-2007 - MO) |
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Donna Collier v. City of Oak Grove, Missouri | |
This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More... $200000 (04-25-2007 - MO) |
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Donna Collier v. City of Oak Grove, Missouri | |
This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More... $0 (10-31-2006 - MO) |
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J. Michael Dooley v. St. Louis County, et al. | |
J. Michael Dooley (Plaintiff) appeals from the trial court's judgment granting St. Louis County (County), Charlie A. Dooley (Executive), and James Baker's (Baker) (collectively referred to as Defendants), in their individual and official capacities, motion to dismiss Plaintiff's petition, which was filed pursuant to 42 U.S.C. Section 1983 (petition). The petition alleged that Defendants had vio... More... $0 (04-04-2006 - MO) |
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Terry Creason v. City of Washington | |
Terry Creason and Janet Creason (Creasons) appeal the district court's1 dismissal of their 42 U.S.C. § 1983 action. After de novo review, we agree the Creasons failed to state a claim for which relief can be granted, and we affirm. I. BACKGROUND On March 24, 2000, the Creasons purchased a single family residence and tract of land on Steutermann Road in the City of Washington, Missour... More... $0 (02-02-2006 - MO) |
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Marvin Tipton v. Ed Kelley | |
Marvin Tipton brought this shareholder derivative action against Ed and Dixie Kelley ("the Kelleys") on behalf of Mill Creek Gravel, Inc. ("Mill Creek"), alleging breach of a pre-incorporation agreement. The case went to trial, whereupon the jury found a breach of the agreement and awarded Mill Creek $1.5 million in damages. The Kelleys now appeal on numerous grounds; we affirm in part a... More... $0 (06-30-2004 - MO) |
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Robert A. Ridgway and Bonita M. Ridgway v. TTnT Development Corp., et al. | |
Defendants TTnT Development Corp., Jerry Tuma, William Tillman and Jeffrey Tillman ("Developers") appeal from a judgment awarding Robert and Bonita Ridgway ("the Ridgways") $150,000 in damages and $103,393.98 in attorney fees on their claim for trespass to realty. Developers present three points on appeal. They contend that the trial court erred in the following respects: (1) using the wrong measu... More... $50000 (02-23-2004 - MO) |
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James McKinney, et al. v. State Farm Mutual Insurance. | |
State Farm Mutual Automobile Insurance Company ("State Farm") appeals the trial court's award of prejudgment interest on James McKinney's ("Mr. McKinney") uninsured motorist claim. State Farm claims that the trial court erred as a matter of law in awarding prejudgment interest under section 408.020, RSMo 2000, because Mr. McKinney's uninsured motorist claim was unliquidated and under section 408.0... More... $0 (10-28-2003 - MO) |
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Ladue Group, L.C. v. Level 3 Communications, L.L.C. | |
Defendant, Level 3 Communications, L.L.C. (Level 3), appeals from the judgment of the trial court dismissing its counterclaim for condemnation filed in response to the action of plaintiff, Ladue Group, L.C., for trespass and injunctive relief for Level 3's installing conduit for fiberoptic cable on plaintiff's property. We affirm. Plaintiff owned real property fronting Ladue Road in the C... More... $500000 (05-20-2003 - MO) |
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Evelyn Sue Kauffman v. Thomas A. Kauffman. | |
Evelyn Sue Kauffman and Thomas A. Kauffman appeal the trial court's judgment dissolving their marriage. In three of Wife's four points on appeal, Wife contests the sufficiency of the evidence to support the court's identification of certain property as Husband's separate property. In her other point, Wife contests the sufficiency of the evidence to support the court's valuation of certain marital ... More... $0 (04-04-2003 - MO) |
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City of Springfield v. Thompson Sales Company | |
The Thompsons appeal the judgment awarding them $2,543,000 for 5.5 acres of property they owned in downtown Springfield that was condemned for use as a city park by the City of Springfield. They allege that reversible error occurred when the City stated during voir dire that some of the jurors might believe that their taxes would go up as a result of the award to the Thompsons. They further allege... More... $0 (04-09-2002 - MO) |
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Alfred J. Fischer, et al. v. City of Washington | |
This is an appeal from the grant of Plaintiff landowners' motion for Partial Summary Judgment. The petition upon which judgment was granted alleged that an agreement between the City of Washington and Franklin County was invalid and that a resolution passed by the city was an illegal exercise of the city's power as granted by statute and the Missouri Constitution. The trial court granted summary j... More... $0 (06-05-2001 - MO) |
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City of Springfield, Missouri v. Thompson Sales Company, et al. | |
The Thompsons appeal the judgment awarding them $2,543,000 for 5.5 acres of property they owned in downtown Springfield that was condemned for use as a city park by the City of Springfield. They allege that reversible error occurred when the City stated during voir dire that some of the jurors might believe that their taxes would go up as a result of the award to the Thompsons. They further allege... More... $2543000 (04-09-2002 - MO) |
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Evelyn Loeffler v. The City of O'Fallon | |
Evelyn Loeffler (plaintiff) appeals the judgment of the St. Charles County Circuit Court, entered in favor of the City of O'Fallon (defendant) on its motion for summary judgment. On appeal, plaintiff contends that the trial court erred in granting defendant's motion for summary judgment because: (1) "plaintiff's action is based on inverse condemnation and therefore [the] ten year statute of limita... More... $0 (02-19-2002 - MO) |
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The City of Brentwood, a Municipal Corporation Plaintiff v. Barron Holdings International, LTD.< | |
Appellant, Barron Holdings International, LTD., L.L.C (Barron) appeals from the trial court order involving the distribution of monies paid into the registry of the court as damages for the taking of real property by Respondent, The City of Brentwood, a Municipal Corporation (City).(FN1) Barron contends the trial court erred in that it was not given proper notice, the trial court's order was not b... More... $3000000 (12-11-2001 - MO) |
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City of Riverside v. Progressive Investment Club of Kansas City, Inc. | |
In this condemnation proceeding, Ilios, Inc. appeals the judgment of the trial court denying relocation benefits and apportioning a $185,000 condemnation award between it and Progressive Investment Club of Kansas City, Inc. (Progressive). Ilios, Inc. (Ilios) owned and operated a restaurant in space leased from landlord Progressive. Ilios claims that the trial court erred in (1) refusing to set asi... More... $185000 (05-29-2001 - MO) |
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City of Peerless Park v. Dennis | |
The City of Peerless Park (the City) appeals from a judgment apportioning the proceeds of a condemnation award for a parcel of land owned by William E. Dennis (Dennis) and leased to Central Holding Corporation (CHC). Dennis and the City settled their claim for Dennis's portion of the award and Dennis assigned his rights and interests in this matter to the City. The City contends the trial court er... More... $209429 (02-27-2001 - MO) |