Glendale Shooting Club, Inc. v. Landolt (MLW No. 79621/Case No. SC99701 – 13 pages) (Supreme Court of Missouri, Powell, J.) Appealed from circuit court, Franklin County, Hellman, J. (David L. Baylard, Union, for petitioners) (David R. Bohm and Lauren L. Wood, St. Louis, for respondent)
Read More »Real Property: Breach of Contract-Residential Sale-Deficiency Award
Where sellers challenged a judgment in favor of buyers in a breach-of-contract action arising from the sale of a home, arguing that the trial court erred in rejecting their deficiency claim, the court did not err in finding that the ...
Tagged with: breach of contract Deficiency Award Residential Sale
Read More »Real Property: Quiet Title-Finality of Judgments
Where appellant challenged a judgment in favor of a city on his petition for quiet title, ejectment, trespass, inverse condemnation and nuisance, the appellant’s petition brought the appeal against the city, three additional named parties and unknown “Doe” parties, and ...
Tagged with: Finality Of Judgments Quiet Title
Read More »Real Property: Inverse Condemnation-Oil and Gas Lease
Where in a dispute over whether an oil and gas lease terminated for lack of oil production, an oil company filed an inverse condemnation claim against the city after the city denied its applications for a conditional use permit and ...
Tagged with: inverse condemnation Oil and Gas Lease
Read More »Real Property: Guardian Ad Litem-Withdrawal
Where the trial court appointed a guardian ad litem to protect appellant’s interest in ongoing litigation arising from a dispute between appellant as a property owner and respondent, which managed and maintained the subdivision, the judgment is reversed and remanded ...
Tagged with: guardian ad litem Withdrawal
Read More »Real Property: Unlawful Detainer Action-Breach of Lease
Defendants appealed from the adverse judgment entered against them in plaintiffs’ unlawful detainer action, in which plaintiffs alleged they were entitled to possession of farmland they had leased to defendants for defendants’ breach of the lease. Where the defendants surrendered ...
Tagged with: breach of lease Unlawful Detainer Action
Read More »Real Property: Unlawful Detainer-Warranty of Habitability-Current Possession
Where in a dispute arising from a lease agreement for rental property, the landlord brought an action for rent and possession and later amended the petition to request relief for unlawful detainer, and the tenant raised a counter claim and ...
Tagged with: Current Possession Unlawful Detainer Warranty of Habitability
Read More »Real Property: Adverse Possession-Exclusive-Continuous
Where appellants challenged a judgment in favor of respondent on its claim of adverse possession of real property, substantial evidence showed that the respondent established visible acts of ownership over the premises including maintaining and improving the property at the ...
Tagged with: Adverse Possession Continuous Exclusive
Read More »Real Property: Public Land-Right of Way-Adverse Possession
Where homeowners challenged a judgment in favor of the Kansas City Area Transit Authority in a dispute involving ownership of real property that the KCATA claimed as part of a right of way it owned in fee simple and that ...
Tagged with: Adverse Possession Public Land Right of Way
Read More »Real Property: Oil and Gas Leases-Renewal-Fiduciary Duty
Where appellant oil companies sued defendants in a dispute regarding royalty interests in oil and gas leases, the relevant top leases were new leases and were not extensions or renewals of the subject leases, so the overriding royalty interests did ...
Tagged with: Fiduciary duty Oil and Gas Leases Renewal
Read More »Real Property: Egress/Ingress Easement-Weight of the Evidence
Defendants appealed from the denial of their claim to reform a warranty deed that granted plaintiffs, defendants’ neighbors, an egress/ingress easement. On appeal, defendants challenged the trial court’s application of the law and the weight of the evidence supporting the ...
Tagged with: Egress/Ingress Easement Weight of the Evidence
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