Missouri Court of Appeals, Southern District / Feb 14, 2024
Michael A. Predovic, Marilyn M. Predovic, Paul R. Etheridge, Elizabeth A. Etheridge, Timbermill Homeowners Association, Appellants vs. The Empire District Electric Co., and Chuck Pennell, Assessor, Taney County, Missouri, Respondents
Michael and Marilyn Predovic, Paul and Elizabeth Etheridge, and Timbermill Homeowners Association (Appellants) sought to establish title to real estate on Lake Taneycomo, which The Empire District Electric Company (Empire) claimed in fee simple. The circuit court granted summary judgment to Empire, concluding a 1912 deed conveyed fee simple title. The appellate court reversed and remanded, holding that the 1912 deed conveyed only a flowage easement, not fee simple title, because the deed's premises limited the conveyance "for lake purposes."