City of Kearney, Missouri Missouri Cases

Mark and Sherry Davis, David and Denise Kamm, and Kevin Laughlin sued the City of Kearney for inverse condemnation, alleging soil erosion in their backyards due to the City's stormwater drainage system. The circuit court granted a directed verdict against Laughlin, finding no notice to the City of erosion on his property, but a jury found for the Davises and Kamms. On appeal, the Western District affirmed, holding that Laughlin failed to prove notice, and that the Davises and Kamms properly sought damages for a partial taking, not a total taking, which was supported by the evidence. The court also affirmed its appellate jurisdiction, rejecting arguments regarding judgment finality and timely appeal.

Mark and Sherry Davis, David and Denise Kamm, and Kevin Laughlin filed an inverse condemnation action against the City of Kearney due to increased stormwater flow causing erosion. The trial court granted a directed verdict for Laughlin and jury verdicts for the Davises and Kamms, but did not determine prejudgment interest or the date of taking. On cross-appeals, the Missouri Court of Appeals, Western District, dismissed the appeals for lack of a final judgment. The court held that a judgment reserving the calculation of prejudgment interest and the date of taking is not final and appealable, thus depriving the appellate court of jurisdiction.