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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 […]
Public Utilities: Infrastructure-Replacement Surcharge-Sufficiency of Evidence
Where the Office of Public Counsel and a gas utility challenged an order disallowing $4.1 million in infrastructure-replacement surcharges, arguing that the utility could not recover costs incurred to replace case iron and bare steel mains and service lines, the judgment is reversed and remanded because the public utility must show that the components were […]
Public Utilities: Infrastructure System Replacement-Surcharge Approval-Deferred Income Taxes
Where a water company challenged an order approving its infrastructure replacement surcharge, arguing that the determination that sufficient evidence was not presented to show that a deferred tax asset was incurred, the determination was supported by the evidence on the whole record and was thus reasonable, and the judgment is affirmed because deferred income taxes […]
Public Utilities: Rate Increase-“Small Utility”
Where resort properties challenged the Public Service Commission’s approval of water and sewer utility rate increases for a public water and sewer corporation, there are alternative procedures for utilities to initiate rate-increase proceedings, so the commission’s report was lawful and the commission was authorized to order new rates at the conclusion of the small utility […]
Municipal: Waste Collection-Breach of Settlement
In the 1970s, Kansas City began providing free waste collection to single-family residences. Owners of other residences excluded from free collection sued to challenge the constitutionality of the ordinance. They ultimately settled with the city, which agreed to either provide trash collection or a rebate in lieu of collection. In 2010, the city eliminated the […]
Municipal: City Ordinance-Residential Yard Requirements-Constitutional Violation
Plaintiff sued to challenge defendant’s city ordinance, which required at least 50 percent of a residential yard to contain turf grass. The district court dismissed the suit, finding that plaintiff failed to show the ordinance violated due process or the prohibition on excessive fines and penalties. Where plaintiff’s due process claim was already rejected in […]
Municipal: Traffic Violations-Standard of Review
Where appellant, who was found guilty after a bench trial of violating four municipal traffic ordinances, challenged the identifications of him made by officers, the appellant’s complaints ignored the relevant standard of review, so the judgment is affirmed. Judgment is affirmed. City of Joplin v. Leeper (MLW No. 73343/Case No. SD35546 – 6 pages) (Missouri […]
Municipal Law: Ordinance Banning Dogs-Injunctive and Declaratory Relief-Standing
Defendant sought declaratory and injunctive relief from a municipal ordinance banning ownership of pit bulls. The district court dismissed defendant’s claims for lack of standing because she did not currently own a banned dog or reside in the municipality, although defendant asserted that she intended to adopt a new dog after the municipality enforced […]
Municipal: Trash Rebate Program-Breach Of Contract
(1)Where a city paid trash-rebate payments to the owners and managers of multi-unit buildings and trailer parks for more than 30 years, and these plaintiffs challenged the elimination of the rebate program from the city’s budget, the plaintiffs had standing to bring their action, and the city was barred by res judicata from arguing that […]
Municipal : Attorney’s Fees – Municipal Liability – Failure To State Claim
King v. City of Crestwood (MLW No. 71987/Case No. 16-4560 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Municipal : City Ordinance – License Tax
Tracfone Wireless, Inc. v. City of Springfield (MLW No. 71901/Case No. SD34937 – 14 pages) (Missouri Court of Appeals, Southern District, Francis, J.)
Municipal : Prejudgment Interest – Incomplete Record – Ordinance
City of Kansas City v. Cosic (MLW No. 71430/Case No. WD80985 – 6 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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