Missouri Court of Appeals, Eastern District / Jun 19, 2018
Incline Village Board of Trustees, Respondent, vs. Matthew F. Edler and Adrea Edler, Appellants.
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.