Incline Village Board of Trustees Missouri Cases

Matthew and Andrea Edler appealed a judgment ordering them to remove a dock they built on Main Lake, an artificial lake owned by the Incline Village Board of Trustees, and awarding attorney's fees to the Trustees. The Supreme Court of Missouri affirmed the order to remove the dock, holding that riparian rights do not arise from owning land abutting an artificial lake without an easement or other grant. However, the Court reversed the award of attorney's fees, concluding that the Edlers' actions did not constitute "special circumstances" justifying such an award.

Matthew and Andrea Edler appealed a trial court's judgment that denied them riparian rights to an artificial lake owned by the Incline Village Board of Trustees and awarded attorney's fees to the Board. The Edlers, who owned a lake-abutting lot in a different subdivision, argued the lake had become natural, granting them common law riparian rights. The appellate court affirmed the declaratory judgment denying riparian rights, finding the Edlers failed to show reliance or equitable grounds. However, the court reversed the award of attorney's fees, concluding that the Edlers' claim, though unsuccessful, was not entirely meritless and lacked the special circumstances required for such an award.