The Missouri Court of Appeals Southern District rejected a request to change a recent ruling on one of the state’s newest parks but apparently agreed that some parts of its original opinion were wrong.

Tagged with: Real Property Southern District

Where assessors challenged a trial court judgment affirming a State Tax Commission order establishing the value of two low-income housing properties for certain tax years, the commission’s choice and application of the income approach to valuing the properties was reasonable ...

Tagged with: Real Property Taxation Valuation Approach

Where an assessor challenged a judgment on a dispute regarding the reimbursement of attorney fees and appraisal costs, the trial court did not finally dispose of at least one complete claim, so there was not a final and appealable judgment, ...

Tagged with: Appraisal Costs jurisdiction Real Property Real Property Law

Where appellant challenged the grant of a prescriptive easement for its property to respondent for ingress and egress, the evidence was sufficient to support the judgment even though the respondent had previously sought an easement from the appellant, and the ...

Tagged with: Prescriptive Easement Real Property Real Property Law Sufficiency Of Evidence

  Where a landowner challenged a judgment entered to enforce an earlier judgment that partitioned in kind several tracts of real property pursuant to the terms of a settlement agreement, the landowner’s first two points on appeal arguing that a ...

Tagged with: Partition Order Real Property Real Property Law Survey

Plaintiffs filed an adverse possession suit against defendants, who cross-claimed for adverse possession. The trial court concluded defendants had proven their claim for adverse possession and directed plaintiffs to remove themselves and any personal property from the parcel. The trial ...

Tagged with: Adverse Possession Civil Contempt Real Property Real Property Law Removal of Fencing

Defendant acquired a historic building and sought to restore it using state and federal tax credits; defendant retained the counsel of Winthrop & Weinstine to draft a tax-credit bond. Plaintiff later retained Winthrop to represent it in the financing of ...

Tagged with: Disqualification of Counsel Failure to Join Necessary Party foreclosure Real Property Real Property Law

  Where appellant challenged a judgment adverse to him imposing a constructive trust on insurance proceeds, the proceeds were paid after the destruction of a home on the parties’ property, and unchallenged findings constituted substantial evidence to support the award. ...

Tagged with: Insurance Proceeds Real Property Real Property Law

  Where a city challenged a judgment awarding heritage value to a family farm in a condemnation proceeding, the judgment is affirmed because in a case of first impression the trial court properly interpreted Section 523.039(3) to award heritage value ...

Tagged with: condemnation heritage value Real Property Real Property Law Recreational Trail

Where landowners, who prevailed in a wrongful-detainer action, challenged the trial court’s judgment waiving other claims related to the defendants’ occupation of the premises, the judgment was final for purposes of appeal, and the judgment is affirmed because the landowners ...

Tagged with: Disposal Expense Real Property Real Property Law Unlawful Detainer

Where decedent’s children challenged the grant of summary judgment to decedent’s second wife in a quiet-title action, the compulsory counterclaim rule did not require the wife to file her current action in a previous stage of the litigation, and the ...

Tagged with: Compulsory Counterclaim Quiet Title Real Property Real Property Law Standing