Missouri Court of Appeals, Eastern District Digest: March 14, 2022

Torts

Tortious Interference

Sovereign Immunity

Plaintiff appealed from the dismissal of its action pleading claims of tortious interference, negligence, and unconstitutional impairment of contract, arising from defendant city’s demolition of buildings on property that plaintiff later purchased at a tax sale, with defendant subsequently assessing the demolition costs to plaintiff. The trial court concluded that plaintiff had failed to state a claim and that sovereign immunity precluded its tort claims.

Although plaintiff’s impairment of contract claim was not sufficiently pled, it alleged sufficient facts to trigger the proprietary-function exception to sovereign immunity, permitting its tort claims to proceed.

Judgment is reversed and remanded in part and affirmed in part.

KITC Homes, LLC v. City of Richmond Heights (MLW No. 77983/Case No. ED109814 – 12 pages) (Missouri Court of Appeals, Eastern District, Clayton, J.) Appealed from circuit court, St. Louis County, Lay, J. (Ted D. Disabato, for appellant) (Kenneth J. Heinz and Andrew R. Bramman, for respondent)

https://www.courts.mo.gov/file.jsp?id=185075