Missouri Lawyers Media » Real Property Law opinion

Real Property: Condemnation – Relocation Assistance – ‘Displaced Person’

Dale v. Rahn (MLW No. 61182/Case No. SD29717 – 9 pages)

Constitutional: Zoning – Billboard Ordinance – Rational Basis

Clear Channel Outdoor, Inc. v. The City of St. Paul (MLW No. 61157/Case No. 09-2670 – 11 pages)

Real Property: Quiet Title Action – Extrinsic Evidence – Notice

Robson v. Diem, et al. (MLW No. 61128/Case No. WD71084 – 14 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)

Property owners win eminent domain suit

A brother and sister who were originally told they’d get nothing for their condemned Maryland Heights property received a $1.8 million jury verdict in the city’s suit against them in July.

Real Estate: Tax Auction – Improvements

Dixon, et al. v. Thompson (MLW No. 60989/Case No. SD29900/29913 – 17 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Where the purchasers of property at a tax sale only sent a notice to the owner of his right to redeem property to the address listed by the Collector’s Office despite the fact that the [...]

Negligence: Escaped Horse – Missouri Stock Law – ‘Owner’

Gromer v. Matchett (MLW No. 60995/Case No. SD29942 – 10 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a plaintiff was injured when a horse that escaped from defendant’s farm was hit by a car which then hit the plaintiff’s car, Missouri’s Stock Law did not apply because the defendant did not own the [...]

Real Property: Purchase Money Loan – Mechanic’s Lien – Priority

Glenstone Block Company v. Pebworth (MLW No. 60946/Case No. SD29899 – 10 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Where a manufacturer, who built and supplied blocks for the construction of a wall at a condominium-building site, filed a valid mechanic’s lien seeking payment, the trial court’s finding that the builder’s deed of trust [...]

Real Property: Execution Of Deed – Undue Influence – Sufficiency Of Evidence

Houston, et al. v. Crider (Case No. SD29879 – 15 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.)
Where a confidential relationship existed between a decedent and her beneficiary and the beneficiary obtained a deed executed in her favor, and evidence showed that the decedent rapidly deteriorated physically and mentally, became isolated from her family [...]

Real Property: Sale – Option Agreement – Specific Performance

Four Seasons Lakesites, Inc. v. HRS Properties, Inc. (MLW No. 60947/Case No. SD30110 – 19 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
Where a trial court ordered specific performance of an option-to-sell provision included in an option agreement between the appellant and respondent in a dispute over a racquet club property, the judgment is [...]

Real Property: Quiet Title – Public Road – Nonuse

McCullough v. Doss (MLW No. 60909/Case No. SC90673 – 7 pages) (Supreme Court of Missouri, Teitelman, J.; all concur)
Where landowners sought to quiet title to a public road that ran between their property and that of their neighbors, the nonuse provision of Section 228.190.1 was applicable in the absence of evidence showing the method used [...]

Ex-junkyard owner wins in eminent domain suit

A St. Louis jury awarded former junkyard owner Opal Henderson $1 million in an eminent domain lawsuit.
The Land Clearance for Redevelopment Authority sued to take Henderson’s property through eminent domain. The salvage yard, at 1202 S. Seventh St., had been in the LaSalle neighborhood since the 1930s. Disper Schmitt Properties had signed on to develop [...]

Real Property: Municipal Ordinances – Annexation – Settlement Agreement

Withers v. City of Lake Saint Louis (MLW No. 60830/Case No. ED94249 – 14 pages) (Missouri Court of Appeals, Eastern District, Draper III, J.)
Where a property owner and a city entered into a stipulation consenting to annexation of the owner’s property and years later the owner sued to enjoin the city from enforcing its codes [...]

NorthSide plan struck down

Attorney Jim Schottel, left, greets attorney Eric Vickers Friday outside the downtown Civil Courts Building as Vickers sits down to read a ruling striking down the use of TIF for a North St. Louis redevelopment. They were members of a team of five attorneys who worked to stop the NorthSide project.

Real Property: Subdivision Assessments – Authority – Quantum Meruit

Debaliviere Place Association v. Veal (MLW No. 60790/Case No. ED93306 – 19 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.)
Where a homeowner argued as an affirmative defense that he was not liable for assessments during a period in which there was no valid homeowners’ association, the trial court erred in granting summary judgment [...]

Website for apartment hunters becomes the hunted

Kansas City Premier Apartments co-owners Tiffany Lewis and Ryan Gran are challenging the Missouri Real Estate Commission, which is trying to stop the online apartment finder service from advertising apartment listings because it’s not a licensed real estate broker.

Real Property: Quiet Title – Fence Line – Deficient Judgment

Sharp v. Crawford, et al. (MLW No. 60771/Case No. SD29589/SD29870 – 16 pages) (Missouri Court of Appeals, Southern District, Barney, J.)
Where neighboring landowners disputed the location of the boundary line between their properties and whether an adjacent road was abandoned, judgment is reversed and remanded because of inconsistent findings by the trial court and because [...]

Real Property: Easement – Reformation – Boat Dock

Will Investments, Inc., et al. v. Young (MLW No. 60772/Case No. SD29586 – 17 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.)
Where plaintiffs, in a dispute over placement of boat docks, sought an injunction and claimed trespass in defendant’s use of an easement across property owned by plaintiffs that exceeded the scope of the [...]

Partnerships: Deceased Partner – Real Estate Appraisal – Building Repairs

Weber, et al. v. Moerschel (MLW No. 60763/Case No. ED93652 – 10 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Where the personal representative of a deceased partner sought a declaration of rights and an accounting and the trial court ordered the remaining partners to buy out the deceased partner’s 20 percent interest, but the [...]

Real Property: Quiet Title Action – Mineral Interests – Natural Gas Rights

Griffis, et al. v. Anadarko E&P Company, et al. (MLW No. 60719/Case No. 09-3117 – 3 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)
Where plaintiffs sought to quiet title in natural gas rights as owner of the fee in the relevant property, judgment for the defendant exploration company is affirmed because any deed of [...]

Appellate Practice: Mootness – Judgment – Incidental Language

Autumn Ridge Homeowners Association, Inc. v. Occhipinto, et al. (MLW No. 60746/Case No. WD71122 – 8 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Where a homeowners’ association appealed a judgment in favor of homeowners, claiming that “voluntary findings” in certain paragraphs of the judgment should be struck as “gratuitous,” there is generally no [...]