Missouri Court of Appeals, Eastern District / Oct 25, 2022
City of St. Peters, Appellant, vs. Collene Velma Lienemann, Respondent.
The City of St. Peters appealed the trial court's dismissal of 31 municipal ordinance violation citations against Collene Velma Lienemann for property maintenance and nuisance issues. The appellate court first determined that while the City's initial notices of appeal were untimely, it properly exercised its discretion to allow a late filing. The court then reversed the dismissal, holding that further factual determinations were needed to establish Lienemann's liability as a proper defendant under the City's ordinances, which depend on her level of "control" or "responsibility" for the property. Finally, the court denied the City's argument that collateral estoppel applied, as it is generally unavailable to the State in quasi-criminal municipal proceedings.