Missouri Eminent Domain Law

Wendy Jenkins, at al. v. North County General Surgery, et al.

St. Louis, Missouri personal injury lawyer represented Plaintiffs, who sued Defendants on medical malpractice theories.<br> <br> <br> Following a knee replacement in 2019, Wendy Jenkins developed an infection and ultimately lost her leg after several follow-up procedures. Wendy and her husband Richard sued a number of doctors and entities they claim negligently caused or contributed to the loss of... More...

$0 (08-19-2022 - MO)
Alticor, Inc. v. Yield Nation, LLC

St. Louis, Missouri intellectual property lawyer represented Plaintiff which sued defendant on a trademark infringement theory under 15 U.S.C. 1125, which provides:<br> <br> §1125. False designations of origin, false descriptions, and dilution forbidden<br> (a) Civil action<br> <br> (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce... More...

$0 (06-15-2021 - MO)
John Johnston v. Prudential Insurance Company of America

<center><br> <img with="300" src="https://www.gsa.gov/cdnstatic/ephox_images/WhittakerCths_1426626099505.jpg"><br> </center><br> <br> John Johnston appeals a district court1 order finding that Prudential Insurance<br> Company of America (“Prudential”) did not abuse its discretion when it terminated<br> his long term disability benefits. We affirm the district court’s order.<br> 1The Honorabl... More...

$0 (02-26-2019 - MO)
Jo Levitt v. Merck & Company, Inc.

<center><br> <img with="200" src="https://www.mow.uscourts.gov/sites/mow/files/styles/gallery_slider_full/public/KC_Courthouse.jpg?itok=s8IS_pcm"><br> </center><br> <br> Merck & Company, Inc. (“Merck”) manufactured and distributed Vioxx as a<br> medication to relieve pain and inflammation between 1999 and 2004. Plaintiff Jo<br> Levitt began taking Vioxx during the summer of 1999. She suffered ... More...

$0 (02-04-2019 - MO)
S.J.W. v. Lee's Summit R-7 School Dist.

The Lee's Summit R-7 School District ("the School District") issued 180-day suspensions to twin brothers Steven and Sean Wilson (together, "the Wilsons") on January 11, 2012 for disruption caused by a website the Wilsons created. The Wilsons filed suit against the School District on March 6, 2012, alleging, along with other claims, that the School District violated their rights to free speech. The... More...

$0 (10-17-2012 - MO)
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.<br> ... More...

$0 (04-17-2012 - MO)
AvidAir Helicopter Supply v. Rolls-Royce Corporation

This appeal comes to us from two consolidated suits brought under the Uniform Trade Secrets Acts of Indiana and Missouri. Both suits involve information about the repair and overhaul of helicopter engines published by Appellee Rolls- Royce Corp. Rolls-Royce sought damages and injunctive relief for alleged trade secret violations. Appellant AvidAir Helicopter Supply Inc. sought a declaration that t... More...

$0 (12-13-2011 - MO)
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)
Rick D. Lange v. Inova Capital Funding, LLC

This case concerns the bankruptcy estate of Qualia Clinical Service, Inc. ("Qualia”). The estate's Chapter 7 Trustee ("Trustee”) seeks to avoid as a preferential transfer a security interest recorded by one of Qualia's creditors shortly before the bankruptcy petition. The bankruptcy court2 and the Bankruptcy Appellate Panel of this court ("BAP”) held the security interest avoidab... More...

$0 (08-30-2011 - MO)
Neighborhood Enterprises, Inc. v. City of St. Louis

Neighborhood Enterprises, Inc. ("Neighborhood"), Sanctuary In The Ordinary (SITO), and Jim Roos (collectively, "Sanctuary") filed suit against, inter alia, the City of St. Louis ("City") and St. Louis Board of Adjustment ("Board") challenging the Board's denial of a sign permit. Sanctuary further challenged the constitutionality of provisions of Chapter 26.68 of the Revised Code of the City of St.... More...

$0 (07-13-2011 - MO)
Warner Bros. Entertainment v. X One X Productions

A.V.E.L.A., Inc., X One X Productions, and Art-Nostalgia.com, Inc. (collectively, "AVELA”) appeal a permanent injunction prohibiting them from licensing certain images extracted from publicity materials for the films Gone with the Wind and The Wizard of Oz, as well as several animated short films featuring the cat-and- mouse duo "Tom & Jerry.” The district court issued the permanent in... More...

$0 (07-05-2011 - MO)
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)
Bellesea Laschober v. The City of Kinloch

Bellesea and Zsekainah Laschober, et al. (Plaintiffs) appeal from the grant of summary judgment in favor of the City of Kinloch (Kinloch) on Plaintiffs' wrongful death action involving Elizabeth Buchanan (Decedent). On appeal, Plaintiffs argue the trial court erred in granting Kinloch's motion for summary judgment because there was a genuine dispute as to whether Kinloch had in place a policy of i... More...

$0 (11-16-2010 - MO)
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)
In Re: the Matter of the Removal of Human Remains From Cemeteries in Kansas City, Platte County, Missouri <P> City of Kansas City v. Unknown and Unrepresented Personal and Olin Miller

The City of Kansas City, Missouri ("City”) petitioned the Circuit Court of Platte County, Missouri ("trial court”) to allow it to disinter and reinter human remains, pursuant to section 214.208.3 RSMo 2000, from four private cemeteries allegedly owned by City and located on the grounds of Kansas City International Airport ("KCI”). The trial court denied the petition, for the stat... More...

$0 (11-10-2009 - MO)
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 cit... More...

$0 (08-05-2009 - MO)
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 binding o... More...

$0 (04-07-2009 - MO)
Boone County, Missouri v. John H. Redden, et al., Defendant, Ann Beasley and Carl Smith

In September 2005, Boone County filed a petition against numerous landowners with property abutting Howard Redden Road, including Appellant Ann Rae Beasley as trustee of the Ann Rae Beasley Revocable Living Trust, seeking to have Howard Redden Road declared a public road. The County also sought to enjoin two of the landowners from interfering with the public maintenance and use of the road.<br><br... More...

$0 (09-09-2008 - MO)
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)
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)
Theodore W. White, Jr. v. Detective McKinley

Theodore White, Jr. brought this civil action following his prosecution, conviction, re-prosecution, and eventual acquittal for the alleged molestation of his adopted daughter. White sued his ex-wife, Tina McKinley, and the police officer who investigated the molestation charges, Richard McKinley, who is also Tina's current husband. White alleged a deprivation of constitutional rights and vari... More...

$0 (02-05-2008 - MO)
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)
<a href="http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/860cb3421e243ffa862572c6006a3dba?OpenDocument" target="_new">Houston Randolph and David S. Randolph, Individuals, d/b/a Randolph Farm Equipment, et al. v. Missouri Highways and Transportation Commission</a>

<P>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)
<a href="http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/b7e33ebe36c32d8f862572c60065da13?OpenDocument" target="_new">Donna Collier v. City of Oak Grove, Missouri</a>

<P>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)
<a href="http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/1f2e4f7bcbf1a658862572170068ad18?OpenDocument" target="_new">Donna Collier v. City of Oak Grove, Missouri</a>

<P>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)
Hannibal School District v. Living Water Fellowship Church

<P>Hannibal School District sued Living Water Fellowship Church on an eminent domain theory condemning the Hannibal Missouri church's property for use in building a new elementary school at Fulton Avenue and Missouri Highway 79. Defendant sought $400,000 for the property taken by the School District. ... More...

$348000 (08-23-2006 - MO)
Planned Industrial Expansion Authority v. National Rehab LLC

<P>Planned Industrial Expansion Authority sued National Rehab LLC on an eminent domain theory to condemn a 12-unit apartment complex located at 3031 South Troost in Kansas City. Plaintiff offered the defendant $600,000 before condemning section 8 apartment project. The property was acquired to build a parking lot for Operation Breakthrough. <P>The fair market value placed on the property by defe... More...

$1100000 (04-05-2006 - MO)
<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/025bf49717af0bd686256b1b007a3ac7?OpenDocument" target="_new">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)
State of Missouri, ex rel. Department of Transportation v. ABC Moving, et al.

Condemnation - Eminent Domain - The nature and extent of the right, title and/or interest in defendant's property taken by the State of Missouri is unknown.... More...

$407500 (08-14-2000 - MO)
City of St. Charles, Missouri v. Imperial Catering Company, Inc., et al.

Eminent Domain - Condemnation of Land - The plaintiff, the City, sought action to have condemned multiple pieces of land for future development of a convention center. The plaintiff wanted nine acres to be condemned. This action received court approval and several commissioners were then appointed to assess the damages to the property. The defendants were the property owners. The plaintiff aban... More...

$0 (06-08-1999 - MO)