Missouri Court of Appeals, Southern District / Jun 15, 2020
MICHAEL A. PREDOVIC, MARILYN M. PREDOVIC, PAUL R. ETHERIDGE and ELIZABETH A. ETHERIDGE, Appellants vs. THE EMPIRE DISTRICT ELECTRIC COMPANY, and CHUCK PENNEL, ASSESSOR, Respondents
Appellants sued Empire District Electric Company, claiming ownership of condominium properties along Lake Taneycomo under various theories. The trial court granted summary judgment for Empire, ruling that Empire held fee simple title to the properties. The appellate court reversed and remanded, finding that Appellants properly controverted Empire's claims regarding tax payments under the 30-year tax statute, thereby raising a genuine issue of material fact. The court also held that the statute could apply to assessor errors in mapping or calculating taxable acreage.