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Real Property : Inverse Condemnation – Nuisance – Sound Wall
Stephanie Maniscalco//February 13, 2018
Real Property : Inverse Condemnation – Nuisance – Sound Wall
Stephanie Maniscalco//February 13, 2018
Where a landowner brought an action for inverse condemnation based on nuisance, arguing that a sound wall built by the Missouri Highways and Transportation Commission on its own property obstructed the view of the landowner’s building, the dismissal of the petition is affirmed because the landowner did not have a legally protectable property right in the visibility of the building.
Judgment is affirmed.
Scott Family Properties, LP v. Missouri Highways and Transportation Commission (MLW No. 71411/Case No. ED105836 – 5 pages) (Missouri Court of Appeals, Eastern District, Van Amburg, J.) Appealed from circuit court, St. Louis County, Ducker, J. (Timothy Hayes and Daniel Schramm for appellant) (Peter Dunne and Robert Plunkert for respondent).
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