continuing wrong exception (Missouri) · Go Syfert
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continuing wrong exception in Missouri

6 Missouri opinions name it 1 courts 1997–2021 1 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Smock v. Associated Elec. Coop., Inc.green
moctapp · 2018 · cited in 2 Missouri opinions naming this issue, 2019–2021
2 sentences

2021Coop., Inc., 567 S.W.3d 211, 219 (Mo. App. W.D. 2018).

2019Coop., Inc., 567 S.W.3d 211, 218 (Mo. App. W.D. 2018).

22
Cook v. DeSoto Fuels, Inc.green
moctapp · 2005 · cited in 2 Missouri opinions naming this issue, 2012–2018
2 sentences

2018We disagree. "[T]respass involves interference with the plaintiffs' possessory rights and requires an intentional act that results in a physical invasion of the plaintiffs' property...." Cook v. DeSoto Fuels, Inc. , 169 S.W.3d 94 , 102 (Mo. App. E.D. 2005).

2012Similarly, in Cook v. DeSoto Fuels, Inc., our Eastern District noted that “‘[a] continuing trespass upon real property creates separate causes of action, which are barred only by the running of the statute against the successive trespasses, and not by the running of the statute from the time of the original trespass.’ ” 169 S.W.3d 94, 105 (Mo.App.

12
Nolan v. Kolargreen
moctapp · 1982 · cited in 1 Missouri opinions naming this issue, 2019–2019
2 sentences

2019Nolan v. Kolar, 629 S.W.2d 661, 663 (Mo. App. E.D. 1982).

2019Nolan, 629 S.W.2d at 663 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Davis v. Laclede Gas Co. green
mo · 1980
2 sentences

2012“The continuing wrong rule was adopted by our Supreme Court in Davis v. Laclede Gas Co., 603 S.W.2d 554 (Mo. banc 1980).” Id. at 310.

2005The continuing wrong rule was adopted by our state’s Supreme Court in Davis v. Laclede Gas Co., 603 S.W.2d 554 (Mo.banc 1980).

41997–2018
Basham v. City of Cuba green
moctapp · 2008
1 sentence

2018"Nuisance is the unreasonable, unusual, or unnatural use of one's property so that it substantially impairs the right of another to peacefully enjoy his [or her] property." Miller v. City of Wentzville , 371 S.W.3d 54 , 57 (Mo. App. E.D. 2012) (quoting *222 Basham v. City of Cuba , 257 S.W.3d 650 , 653 (Mo. App. S.D. 2008) ).

12018–2018
Auksarawrongrot v. St. Louis Labor Health Institute green
moctapp · 1997
1 sentence

2018Louis Cmty. Ass'n v. Oak Bluff Pres. , 956 S.W.2d 305 , 310 (Mo. App. E.D. 1997) (quoting Vogel v. A.G.

12018–2018
Miller v. City of Wentzville green
moctapp · 2012
1 sentence

2018"Nuisance is the unreasonable, unusual, or unnatural use of one's property so that it substantially impairs the right of another to peacefully enjoy his [or her] property." Miller v. City of Wentzville , 371 S.W.3d 54 , 57 (Mo. App. E.D. 2012) (quoting *222 Basham v. City of Cuba , 257 S.W.3d 650 , 653 (Mo. App. S.D. 2008) ).

12018–2018
D'Arcy & Associates, Inc. v. K.P.M.G. Peat Marwick, L.L.P. green
moctapp · 2004
1 sentence

2018In applying the continuing-wrong exception, this court has held that "[d]amages resulting from one completed, wrongful act, although they may continue to develop, are not adequate." D'Arcy , 129 S.W.3d at 30 .

12018–2018
Vogel v. A.G. Edwards & Sons, Inc. green
moctapp · 1990
1 sentence

2012Louis Community Association, our Eastern District applied the continuing wrong rule to a failure to maintain pedestrian ramps and the grounds at a marina, finding that “[a] failure to maintain is a continuing wrong.” Id.

12012–2012

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 516.100 (4) MO § Mo. Rev. Stat. § 516.120 (4) MO § Mo. Rev. Stat. § 516.010 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 69 (1985–2026) IN 28 (1996–2026) NC 21 (1993–2025) DE 7 (1999–2026) MO 6 (1997–2021) CA 3 (2010–2025) NH 3 (2004–2021) MN 3 (1990–2015) MI 3 (2004–2025) UT 2 (1993–1998) AZ 2 (2024–2025) NM 2 (2005–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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