Missouri Court of Appeals, Southern District / Aug 27, 2019
LEWIS CHILDRESS, ANDREA HOPPER, CHRISTA CHILDRESS, LARRY CHILDRESS and GARY CHILDRESS, Petitioners-Respondents v. ALLAN and TINA LOVINS, husband and wife, Respondents-Appellants.
Allan and Tina Lovins appealed a trial court judgment condemning the Childress Cemetery on their land, vesting title in Webster County, and assessing costs against them. The Childress family petitioners sought condemnation for the cemetery's continued public use. The appellate court affirmed the condemnation, finding no error in the trial court's determination of public purpose, the petitioners constituting "the public," or the necessity of condemnation. However, the court reversed and remanded the assessment of costs, holding that the trial court misapplied the law by not applying Rule 86.09.