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Municipal Law

May 18, 2023

Municipal Law: Nuisance-Information-Attorneys’ Fees

City of Skidmore v. Stanton (MLW No. 79913/Case No. WD85487 – 16 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Nodaway County, Rice, J. (Miles B. Figg, Overland Park, KS for respondent) (Samuel L. Scroggie, Maryville, for appellant).

May 18, 2023

Municipal Law: City Ordinance-Police Misconduct-Mootness

Morrison v. Goodwin (MLW No. 79903/Case No. ED110776 – 10 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis County, McLaughlin, J. (John M. Hessel and Ryan T. Harding for respondent) (Herbert Morrison, pro se).

Apr 21, 2023

Municipal: Disbursement of Property Tax-Refund of Overpayment

Independence School District No. 30 v. County of Jackson (MLW No. 79755/Case No. WD85398 – 15 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Garrett, III, J. (J. Drew Marriott and Brian Mayer, Independence, for appellant) (Joshua Haner and D. Ryan Taylor, Kansas City, for respondent)

Apr 21, 2023

Municipal: Denial of Building Permit-Writ of Certiorari

Four B Corp. v. City of Harrisonville Board of Zoning Adjustments (MLW No. 79756/Case No. WD85325, WD85332, & WD85421 – 21 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Cass County, Wagner, J. (David Ballew, Kansas City, for appellants) (Alex Felzien, Kansas City, for respondent)

Mar 23, 2023

Municipal: Controlled Animal Feeding Operations-Local Authority-Inconsistent with State Regulations

Cedar County Commission v. Parson (MLW No. 79624/Case No. SC99488 – 18 pages) (Supreme Court of Missouri, Wilson, J.) Appealed from circuit court, Cole County, Green, J. (Stephen G. Jeffrey, Chesterfield, for petitioners) (Justin D. Smith and Jason K. Lewis, Jefferson City, for respondent)

Mar 9, 2023

Municipal: State Parking Statutes-Constitutionality

Wilson v. City of St. Louis (MLW No. 79562/Case No. SC98907 – 19 pages) (Supreme Court of Missouri, Breckenridge, J.) Appealed from circuit court, City of St. Louis, Stelzer, J. (Charles W. Hatfield and Alixandra S. Cosstte, Jefferson City, and Jeff P. Johnson, Jefferson City, for petitioners) (Elkin L. Kistner, Sean M. Elam, and William E. Kistner, St. Louis, and Michael A. Garvin and Erin K. M[...]

Apr 27, 2020

Public Utilities: Infrastructure System Replacement-Recovery of Costs-Estimated Net Operating Loss

Where a water company appealed the Public Service Commission’s report and order approving its petition to change the company’s infrastructure system replacement surcharge to recover costs incurred in system replacements and relocations, the commission’s exclusion of estimated net operating loss from the calculation is affirmed. Judgment is affirmed. In the Matter of the Petition of […[...]

Jan 3, 2020

Municipal: License Taxes-Prejudgment Interest

  The parties cross-appealed from the judgment finding plaintiff liable for municipal fees and taxes and awarding defendant cities attorneys’ fees and interests. Where the state legislature had a rational basis for implementing the authorizing statute for the license taxes, imposition of the taxes and fees was not unconstitutional, but the trial court erroneously calculated […]

Jan 3, 2020

Municipal: Countywide Sales Tax-Constitutionality of Distribution Statutes

Plaintiff appealed from the trial court’s judgment finding that statutes governing distribution of countywide sales taxes were constitutional, after arguing that the state’s statutes authorizing the taxes were constitutionally invalid special laws because St. Louis County was the only county meeting those statutory requirements. The proper test for identifying whether a statute was an unconsti[...]

Dec 30, 2019

Public Utilities: Electric Line Construction-Application Grant-Statutory Authority

Where the Missouri Landowners Alliance and the Missouri Farm Bureau appealed an order granting a certificate of convenience and necessity to a limited liability company for the construction and maintenance of an interstate electrical line and facilities, the appellants failed to meet their burden to prove that the Missouri Public Service Commission’s order was unlawful […]

Dec 5, 2019

Public Utilities: Infrastructure-Replacement Surcharges-Replacement Costs-Statutory Authority

Where the Office of Public Counsel challenged the Public Service Commission’s finding that it did not have statutory authority to order the utility to issue refunds of ineligible infrastructure system-replacement surcharges, and a gas utility argued that the commission erred in disallowing infrastructure system-replacement surcharges, the commission had the statutory authority to order issuance [...]

Nov 22, 2019

Public Utilities: Infrastructure-Replacement Surcharge-Overcharges-Mootness

Where the Public Service Commission sought to dismiss an appeal by the Office of Public Counsel as moot in a dispute arising from infrastructure surcharges, the commission erred in finding moot and denying the public counsel’s request that the excess surcharges contemplated in a stipulation and agreement be returned to ratepayers, so the judgment is […]

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