Missouri Court of Appeals, Southern District / Date unavailable
STATE OF MISSOURI EX REL. CITY OF OSAGE BEACH, Relator v. THE HONORABLE AARON G. KOEPPEN, Respondent
The City of Osage Beach sought a writ of prohibition to prevent the trial court from proceeding with tort claims brought by Grand Harbour Condominium Owners Association, Inc., which alleged property damage from a ruptured sewer line. The City contended that the Association's claims, including negligence, nuisance, trespass, and ejectment, must be brought as an inverse condemnation action because the City is a public entity with eminent domain power. The appellate court made the preliminary writ permanent as modified, holding that inverse condemnation is the exclusive remedy for property damage claims against such an entity. The trial court was ordered to grant the City's motion for judgment on the pleadings or allow the Association to amend its petition.