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Property Law

Jan 17, 2020

Real Property: Zoning-Chicken-Keeping

Where a homeowner challenged a judgment against him for violations of city’s property maintenance code by allowing bare dirt in his back yard and keeping chickens closer than 150 feet from his lot line, the homeowner did not suffer any prejudice from defects in the information or violation notices, and the building inspector had authority […]

Jan 17, 2020

Real Property: Quiet Title-Ejectment-Prohibited Purchaser

Where homeowners challenged the grant of adverse summary judgment in a quiet title and ejectment action, arguing that a genuine issue of material fact existed as to whether the tax lien certificate on their property was sold to a prohibited purchaser, the sale of the tax-deficient property to a prohibited purchaser does not address a […]

Dec 30, 2019

Real Property: Condemnation-Timeliness of Appeal

Defendant appealed from the judgment condemning property acquired for the construction of a facility for the National Geospatial-Intelligence Agency. Where defendant was found to have no compensable interest in the condemnation award, the order establishing the interest constituted a final order that defendant was required to appeal from. Appeal is dismissed. City of St. Louis […]

Dec 26, 2019

Real Property: Adverse Possession-Sufficiency of Evidence

The trial court granted summary judgment to HCW Development Company and against defendant in his claim for adverse possession of 27 acres of property. The trial court concluded that defendant could not, as a matter of law, prove each of the elements of his adverse-possession claim. Where another party exclusively possessed portions of the party […]

Dec 26, 2019

Real Property: Adverse Possession-Quitclaim Deed

The trial court granted summary judgment to HCW Development Company and against Douglas Coverdell and Coverdell Enterprises Inc. on Coverdell’s claim for adverse possession of 27 acres of property. On appeal, CEI argued that the trial court erred in granting summary judgment because it owns a portion of property that Coverdell conveyed to it by […]

Dec 5, 2019

Real Property: Adverse Grant of Summary Judgment-Motion for Recusal-Scope of Appeal

Plaintiff appealed following the district court’s grant of summary judgment to defendant and denial of plaintiff’s subsequent motion for recusal. However, while plaintiff’s notice of appeal included only her intent to appeal summary judgment, her briefs argued only the denial of her motion for recusal. Where appellate review was limited only to issues identified in […]

Nov 22, 2019

Real Property: Partition Action-Allocation of Proceeds-Home Equity Line

Where appellant challenged the judgment in an action to partition property jointly held with her partner, the trial court did not err in finding that the appellant’s contribution of a down payment toward the purchase of a home and additional mortgage payments from her salary were done with donative intent, so she was not entitled […]

Nov 22, 2019

Real Property: Road Maintenance Plan-Appointment of Commissioners

Where property owners argued that a trial court erred in appointing abutting property owners as trustees of a newly formed association for road maintenance in a residential subdivision, the appointment did not violate the provision for the appointment of commissioners, and substantial evidence supported the trial court’s annual assessment, so the judgment is affirmed. Judgment […]

Nov 12, 2019

Real Property: Land-Title Judgment-Appellate Rule Violations

Appellant appealed pro se from a land-title judgment. Where each of appellant’s points complained of on appeal failed to concisely state the legal reasons for the claim of reversible error, the court dismissed appellant’s appeal for violation of appellate rules. Appeal is dismissed. Fifth Third Bank v. Estate of Shaw-Schneller (MLW No. 74111/Case No. SD35767 […]

Sep 17, 2019

Real Property: Family Cemetery-Condemnation

Defendants appealed the judgment of condemnation of the Childress Cemetery, located on land owned by defendants. Childress family members had petitioned for condemnation of the land as a private cemetery, alleging defendants had prevented the family’s access to the cemetery as provided for in defendants’ deed. The trial court granted the condemnation petition and vested […]

Aug 19, 2019

Real Property: Quiet Title-Adverse Possession-Attorneys’ Fees

Where respondent landowners who prevailed in a dispute to quiet title to real property sought attorneys’ fees and the trial court’s judgment did not address the issue, the unresolved claim does not arrest the finality of the judgment in this case and appellate jurisdiction existed because the body of the petition made no allegation that […]

Aug 19, 2019

Real Property: Quiet Title-Tenants by the Entirety

Where appellant challenged summary judgment in favor of respondent on its action to quiet title and on the appellant’s counterclaim for judicial foreclosure in a dispute arising from the parties’ competing interests in real property previously owned by a husband and wife, the husband and wife were presumed to take the property as tenants by […]

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