Missouri Court of Appeals, Southern District / Mar 29, 2024
ADAM BINGHAM and IDA BINGHAM, Plaintiffs-Appellants v. PHELPS COUNTY PUBLIC WATER SUPPLY DISTRICT #4, Defendant-Respondent
Adam and Ida Bingham sued Phelps County Public Water Supply District #4, challenging a lien on their property and alleging the District's charges were an unauthorized tax under the Hancock Amendment. The trial court declared the lien void but declined to rule on the Hancock Amendment issue, which the Binghams argued was necessary for an award of attorneys' fees. The appellate court vacated the judgment and remanded the case, instructing the trial court to rule on the merits of the Hancock Amendment claim to determine the Binghams' entitlement to attorneys' fees and expenses.