CITY OF SUNRISE BEACH, MISSOURI, Defendant- Missouri Cases

Robert and Susan Ferguson, along with other property owners, sued the City of Sunrise Beach for nuisance and negligence, alleging property damage from improperly treated wastewater discharged from the City's facility. The trial court denied the City's motion for judgment notwithstanding the verdict after a jury found for the property owners. The appellate court vacated the judgment and remanded the case, holding that inverse condemnation is the exclusive remedy for property damage claims against a public entity with eminent domain authority, even when framed as tort claims. The court allowed the property owners to amend their petition to assert inverse condemnation claims.