Missouri Court of Appeals, Southern District / Mar 12, 2026
Paul and Jacqueline Metzger obtained summary judgment for a prescriptive easement over a portion of a paved driveway located between their home and their neighbors, Wayne and Kathy Morelock. The Morelocks appealed, challenging the summary judgment on two points: that the elements for a prescriptive easement were not met, and that the trial court erred in considering an affidavit. The appellate court affirmed the judgment, finding that the undisputed facts established the prescriptive easement and that the affidavit was properly considered.
Missouri Court of Appeals, Western District / Mar 3, 2026
Gregory Stiens, individually and as trustee, appealed the circuit court's judgment in favor of the Rosenbohms on their adverse possession and trespass claims, and against Stiens's counterclaims. Stiens challenged evidentiary rulings, jury instructions, and the property description in the judgment. The appellate court affirmed the judgment on all points of error raised by Stiens regarding the trial proceedings and outcomes. However, the court remanded the case for the circuit court to amend the judgment to include proper legal descriptions of the disputed property awarded to the Rosenbohms.
Missouri Court of Appeals, Eastern District / Feb 3, 2026
Arthur and Gayle Daume appealed the trial court's interpretation of a deeded easement for ingress and egress over their neighbors' private roadway. The trial court had construed the easement's "non-commercial purposes" limitation to prohibit agricultural use and restricted its scope to the Daumes and their immediate family. The appellate court reversed the trial court's judgment, holding that "non-commercial" does not categorically prohibit agricultural use unless for profit, and that the appurtenant easement allows the Daumes to authorize third parties for non-commercial ingress and egress.
Supreme Court of Missouri / Jan 23, 2026
Colleen Eikmeier and William Love, homeowners in a subdivision, sought declaratory and injunctive relief against their homeowners' association (HOA) after the legislature enacted a statute proscribing covenants from limiting solar panel installation. The circuit court denied relief, finding the statute could not apply to preexisting covenants. The Missouri Supreme Court reversed, holding that the statute applies to all covenants, including those in existence before its effective date, and that this application does not violate the state constitution's prohibition against retrospective laws or impairment of contracts. The Court also found the HOA's rule prohibiting street-facing solar panels unenforceable as it adversely affected the cost or efficiency of the solar device.
Missouri Court of Appeals, Western District / Dec 30, 2025
The State Tax Commission initiated a mandamus action against Jackson County officials, seeking to compel compliance with its order to alter 2023 property tax assessments. The trial court dismissed the action, finding it barred by res judicata due to a prior voluntarily dismissed lawsuit. The appellate court reversed, holding that the current mandamus action was based on new ultimate facts—the County's refusal to comply with the Commission's August 6 Order—which arose after the dismissal of the first case, thus precluding the application of res judicata.
Missouri Court of Appeals, Western District / Dec 16, 2025
Cody Enderle, as guardian and conservator for his father Charles Enderle, sued Richard Gercken and Gercken Kelsey L.L.C. to void a real estate transaction, alleging Charles lacked mental capacity, was unduly influenced, and the terms were unconscionable. The circuit court directed a verdict on the undue influence claim, a jury found Charles had contractual capacity, and the court ruled against unconscionability and granted Gercken's counterclaims. The appellate court affirmed the judgment, finding no error in the directed verdict, jury instructions, or the court's rulings on unconscionability and evidence.
Missouri Court of Appeals, Western District / Dec 16, 2025
Mark and Sherry Davis, David and Denise Kamm, and Kevin Laughlin sued the City of Kearney for inverse condemnation, alleging soil erosion in their backyards due to the City's stormwater drainage system. The circuit court granted a directed verdict against Laughlin, finding no notice to the City of erosion on his property, but a jury found for the Davises and Kamms. On appeal, the Western District affirmed, holding that Laughlin failed to prove notice, and that the Davises and Kamms properly sought damages for a partial taking, not a total taking, which was supported by the evidence. The court also affirmed its appellate jurisdiction, rejecting arguments regarding judgment finality and timely appeal.
Missouri Court of Appeals, Eastern District / Dec 9, 2025
Roland Hill, Jr. appealed the trial court's judgment confirming a sheriff's sale of a property due to delinquent tax liens. The appellate court dismissed the appeal, finding that Hill's notice of appeal was untimely filed beyond the twenty-day statutory deadline set by section 92.845. The court held that this statutory timeframe controls over the general forty-day period in the Rules of Civil Procedure and that it lacked authority to grant leave for a late appeal as the six-month window had expired.
Missouri Court of Appeals, Western District / Dec 9, 2025
Deborah S. Starke (Wife) appealed the trial court's judgment dissolving her marriage to James A. Starke (Husband), specifically challenging the order to convey marital real estate to a third-party trust. The Wife contended that the trial court erred by ordering the conveyance of marital property to a non-party to the dissolution action, which violates Missouri law. The appellate court agreed, reversing the judgment and remanding the case for further proceedings consistent with its opinion.
Missouri Court of Appeals, Western District / Sep 9, 2025
Anthony E. Barron sought specific performance of a contract to purchase Catherine Brizendine's farm. Brizendine's daughter, Martha Parker, acting as her representative, appealed the trial court's judgment, arguing that Brizendine lacked contractual capacity and was unduly influenced, and that the trial court erred in denying a jury trial. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support Brizendine's capacity, no undue influence, and that a bench trial was appropriate for the equitable claim of specific performance.
Missouri Court of Appeals, Southern District / Sep 4, 2025
A group of neighbors, including the Benzens and Schniedermeyers (Plaintiffs) and the Wheelers (Defendants), sued each other over various property disputes. The Wheelers appealed the circuit court's judgment granting Plaintiffs an easement by implication across a portion of the Wheelers' property. The appellate court affirmed the circuit court's judgment, as modified, denying all three of the Wheelers' points on appeal regarding pleading, sufficiency of evidence for reasonable necessity, and the adequacy of the easement's legal description. The modification corrected the judgment to reference the correct count number for the implied easement.
Missouri Court of Appeals, Southern District / Aug 26, 2025
Corporate Village Owners Association, Inc. sued Corporate Village, LLC, seeking quiet title to undeveloped land within a condominium development and a declaratory judgment regarding development rights. The circuit court ruled in favor of the Association, declaring the undeveloped area a common element and that the Declarant's development rights had expired. The appellate court affirmed, deeming one point abandoned for failure to comply with Rule 84.04(e) and holding that the Declarant had not legally "created" additional units under the Uniform Condominium Act before the development rights expired.
Missouri Court of Appeals, Eastern District / Jul 22, 2025
Tabernacle Community Development Corporation purchased a property at a sheriff's sale under the Municipal Land Reutilization Law (MLRL). The Metropolitan St. Louis Sewer District (MSD) had previously recorded a lien on the property for unpaid sewer bills, pursuant to one of its ordinances. Tabernacle filed a quiet title action to extinguish the MSD lien, arguing the MLRL supersedes the MSD ordinance. The trial court granted summary judgment for Tabernacle, and the appellate court affirmed, holding that the MLRL statute prevails over the MSD ordinance and extinguishes the lien.
Missouri Court of Appeals, Eastern District / Jul 8, 2025
Bellemeade Homeowners Association sued Tyler and Shana Taylor for declaratory judgment and breach of contract after the Taylors erected a fence that Bellemeade deemed non-compliant with its Declaration of Trust and Restrictions. The trial court ruled in favor of the Taylors, finding the fencing restriction ambiguous and waived by Bellemeade's inconsistent enforcement. The appellate court reversed, holding that the Declaration unambiguously required fencing to start at the rear corners of the residence and that its anti-waiver provision preserved Bellemeade's right to enforce the restriction.
Missouri Court of Appeals, Eastern District / Jun 24, 2025
Claymont Development, LLC appealed the dismissal of its petition challenging the constitutionality of zoning ordinances enacted by the City of Wildwood, which subjected its property to additional development regulations. The trial court had dismissed the petition, concluding the claims were not ripe for adjudication. The appellate court reversed, holding that Claymont's constitutional challenges to the ordinances were ripe, as the ordinances directly impacted its development plans and presented predominantly legal questions with fully developed historical facts.
Missouri Court of Appeals, Southern District / Jun 17, 2025
Neighboring property owners, the Bundys and Rapiens, sued each other over the use and maintenance of a shared gravel road easement. The trial court granted injunctive relief, dictating specific maintenance responsibilities and restrictions for portions of the road. On appeal, the Bundys argued the trial court misapplied the law. The appellate court vacated the judgment and remanded the case, holding that a statutory remedy under Chapter 228 RSMo provided an adequate remedy at law, precluding equitable injunctive relief, and that the injunction granted exceeded the scope of the pleadings and evidence.
Missouri Court of Appeals, Southern District / Jun 16, 2025
Candace Harrell Kyle sued Carolyn Fowler over a one-half interest in a 75.55-acre property, seeking cancellation of a deed, a constructive trust, and damages for breach of an oral contract. The trial court granted relief to Kyle on these claims. On appeal, the Southern District of Missouri vacated the trial court's judgment, holding that the claim for cancellation of the deed was time-barred by the 10-year statute of limitations and that the alleged oral contract for an interest in land was unenforceable under the statute of frauds. The case was remanded for further proceedings.
Missouri Court of Appeals, Eastern District / Jun 10, 2025
Sean Dougherty appealed the trial court's judgment striking his pleadings and entering a default judgment in favor of Coppergate Commons Condominium Association as a sanction for his repeated failure to comply with discovery orders. Dougherty also challenged the award of attorneys' fees and the denial of his motion to set aside the judgment. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the imposition of sanctions or the award of attorneys' fees. The court also granted Coppergate's motion for appellate attorneys' fees and remanded for a determination of the amount.
Missouri Court of Appeals, Eastern District / Jun 10, 2025
Aaron Roesch sued Brittany Sheffer and Peace, Love, Sold, LLC, seeking to enforce an oral agreement for the sale of real property through a constructive trust. Roesch alleged Sheffer agreed to purchase a property for his benefit and then sell it to him, but later demanded a significantly higher price. The trial court dismissed Roesch's petition, citing the statute of frauds and failure to state a claim. The appellate court affirmed the dismissal, holding that Roesch failed to adequately plead a constructive trust claim because he did not allege Sheffer accepted his tendered payment, which is necessary to establish unjust enrichment.
Missouri Court of Appeals, Eastern District / Jun 3, 2025
Hazelcrest I & II Condominium Association obtained a default judgment against 7520 Hazel Crest LLC for unpaid assessments. The circuit court subsequently granted 7520 Hazel Crest LLC's motion to set aside the default judgment. On appeal, the Eastern District reversed, holding that 7520 Hazel Crest LLC failed to prove good cause for setting aside the default judgment under Rule 74.05(d) because merely alleging a registered agent failed to provide notice, without further explanation, is insufficient to show a good faith mistake rather than recklessness.
Missouri Court of Appeals, Western District / May 20, 2025
Thomas and Martha Blaylock appealed the circuit court's judgment partitioning inherited real property in kind, arguing it resulted in great prejudice. Defendants cross-appealed, challenging the award of attorney fees to Plaintiffs' counsel, the distribution of partnership crop revenue, and the finding that Thomas made no draws from the partnership account. The appellate court affirmed the circuit court's judgment on all points, finding no error in the partition in kind, no abuse of discretion in the attorney fee award, and no prejudicial error in the crop revenue distribution or the finding regarding Thomas's draws.
Missouri Court of Appeals, Eastern District / May 20, 2025
Appellant 3018 Pershall, LLC, which acquired a commercial property via a tax sale, sued Respondents Landmark and Outfront Media for declaratory judgment and to quiet title, asserting that their easement and billboard interest did not survive the tax sale. The trial court found for Respondents, holding their interests were valid and survived the sale. The appellate court affirmed, concluding that Landmark held a valid easement not void for public policy and that Appellant failed to rebut evidence of proper notice to Respondents.
Missouri Court of Appeals, Eastern District / May 20, 2025
WMAC 2013, LLC appealed a circuit court judgment that quieted title to real property in its favor but subject to a sewer lien for the Metropolitan St. Louis Sewer District (MSD). While the appeal was pending, MSD filed a motion to dismiss, stating the lien had been fully satisfied. The appellate court granted the motion, dismissing the appeal as moot because the satisfaction of the lien extinguished the controversy and made it impossible for the court to grant effectual relief. The court also found that no exception to the mootness doctrine applied.
Missouri Court of Appeals, Southern District / May 13, 2025
Colleen Eikmeier and William S. Love purchased a lot in a subdivision with a covenant prohibiting solar panels. After a new statute (Section 442.404.3) was enacted, they sought to install solar panels, but the homeowners' association rejected their request based on the pre-existing covenant. Plaintiffs sued for a declaratory judgment, arguing the statute allowed them to install the panels. The circuit court ruled that the statute applied prospectively only, and the appellate court affirmed, finding no error in the circuit court's declaration of law.
Missouri Court of Appeals, Southern District / Apr 25, 2025
Christine Bell-Kaplan appealed the trial court's judgment in favor of the Schwarzes in a quiet title and declaratory judgment action concerning two tracts of land. Kaplan alleged Henrietta Schwarze lacked the mental capacity to execute deeds and powers of attorney that ultimately conveyed the property to Henrietta's nieces and nephews, revoking prior beneficiary deeds to Kaplan. The appellate court affirmed the trial court's judgment on all points of Kaplan's appeal, finding she failed to meet her burden of proof or properly preserve certain arguments. However, the court reversed and remanded the trial court's decision to set aside costs against Kaplan, holding that the Schwarzes, as the prevailing party, were entitled to recover costs.
Missouri Court of Appeals, Southern District / Apr 3, 2025
Paul and Veronica Jokerst sued Ronald and Diane Huckaby over property boundaries and a sewer lateral line. The Jokersts sought a prescriptive easement over a portion of the Huckabys' lot (Tract 1) for their sewer line and its maintenance. The trial court granted the Jokersts a prescriptive easement over Tract 1 and enjoined the Huckabys from interfering with its use. The Huckabys appealed, contending the trial court's finding of visible use for the easement was against the weight of the evidence. The appellate court affirmed, concluding that the visible maintenance of the surface above the underground lateral line, combined with other evidence, sufficiently established visible use.
Missouri Court of Appeals, Southern District / Apr 1, 2025
Robert and Susan Ferguson, along with other property owners, sued the City of Sunrise Beach for nuisance and negligence, alleging property damage from improperly treated wastewater discharged from the City's facility. The trial court denied the City's motion for judgment notwithstanding the verdict after a jury found for the property owners. The appellate court vacated the judgment and remanded the case, holding that inverse condemnation is the exclusive remedy for property damage claims against a public entity with eminent domain authority, even when framed as tort claims. The court allowed the property owners to amend their petition to assert inverse condemnation claims.
Supreme Court of Missouri / Apr 1, 2025
Ethel Barry Masters filed a replevin claim against Jacob Dawson to recover vehicles he possessed after his father's death. The circuit court granted partial summary judgment to Masters on possession and later entered a default judgment for damages, cancelling Dawson's jury trial due to his failure to appear at a pretrial conference and a pattern of obstructive behavior. On appeal, the Supreme Court affirmed the circuit court's judgment, holding that Dawson's constitutional claims regarding the right to a jury trial were unpreserved and that the circuit court did not abuse its discretion in sanctioning him.
Missouri Court of Appeals, Eastern District / Mar 18, 2025
Arch Energy, L.C. challenged an amendment to the City of Brentwood's zoning ordinance that removed gas stations as a conditional use in a specific district. The trial court granted summary judgment for the City. On appeal, the Eastern District reversed the summary judgment as to Count I, holding that Arch Energy was not required to exhaust administrative remedies for its facial challenge to the ordinance and that the City failed to provide the statutorily mandated public notice for the amendment. The court also dismissed other points challenging the denial of Arch Energy's summary judgment motion for lack of appellate jurisdiction.
Missouri Court of Appeals, Eastern District / Mar 11, 2025
Harmony Pointe, LLC, sought to construct a mixed-use project, receiving final plan and construction plan approval from the City of Cottleville. The City later issued a stop work order, claiming construction had not begun within one year, causing the final plan to expire under municipal code section 405.390(C). The City's Board of Adjustment upheld the order, but the trial court reversed, finding construction had begun. The appellate court affirmed the trial court's judgment, agreeing that the work performed by Harmony Pointe constituted "construction" under the municipal code, thus the final plan had not expired.