inverse condemnation claim (Missouri) · Go Syfert
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inverse condemnation claim in Missouri

6 Missouri opinions name it 2 courts 1990–2008 0 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 (4)

CaseFollowedCited
Akers v. City of Oak Grovegreen
mo · 2008 · cited in 1 Missouri opinions naming this issue, 2008–2008
1 sentence

2008See Akers v. City of Oak Grove, 246 S.W.3d 916 (Mo. banc, 2008).

11
Crede v. City of Oak Grovegreen
moctapp · 1998 · cited in 1 Missouri opinions naming this issue, 2008–2008
1 sentence

2008The law is well-settled that “any damage suffered as a result of [a] taking ... would have been suffered by the owner at the time the damage became ascertainable!.] ... [T]he damage claim based on inverse condemnation [does] not pass to subsequent grantees of the land.” Crede v. City of Oak Grove, 979 S.W.2d 529, 534 (Mo.App.

11
Ressel v. Scott Countygreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 2005–2005
1 sentence

2005See Ressel v. Scott County, 927 S.W.2d 518, 520 (Mo.App.

11
Agins v. City of Tiburonred
scotus · 1980 · cited in 1 Missouri opinions naming this issue, 1990–1990
2 sentences

1990Agins v. City of Tiburon, 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 (1980).

1990Agins v. City of Tiburon, 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 (1980).

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 (3)

CaseCitedYears
Basham v. City of Cuba green
moctapp · 2008
2 sentences

2008In Basham v. City of Cuba, 257 S.W.3d 650 (Mo.App., 2008), this Court noted that an inverse condemnation claim arising from the operation of a city sewage system is grounded in the law of nuisance.

2008Id. at *282 652.

12008–2008
Heins Implement Co. v. Missouri Highway & Transportation Commission green
mo · 1993
1 sentence

2004In Count II, Ward Builders sought to permanently enjoin the City from operating the lighting system at the park. *647 In response, the City filed a motion for summary judgment, asserting that, “where a governmental entity is involved, what might be a nuisance claim against a private entity is an inverse condemnation claim against the governmental entity.” 1 Following Ward Builders’ response to the City’s motion for summary judgment, the trial court entered its “Judgment” dismissing Ward Builders’ petition, as a matter of law, based on its interpretation of Heins Implement Co. v. Missouri Highw

12004–2004
Byrom v. Little Blue Valley Sewer District green
mo · 2000
2 sentences

2004In Count II, Ward Builders sought to permanently enjoin the City from operating the lighting system at the park. *647 In response, the City filed a motion for summary judgment, asserting that, “where a governmental entity is involved, what might be a nuisance claim against a private entity is an inverse condemnation claim against the governmental entity.” 1 Following Ward Builders’ response to the City’s motion for summary judgment, the trial court entered its “Judgment” dismissing Ward Builders’ petition, as a matter of law, based on its interpretation of Heins Implement Co. v. Missouri Highw

2004Id. at 575 .

12004–2004

Where else courts name it

TX 229 (1999–2026) CA 74 (1962–2026) WA 35 (1976–2024) MI 26 (1996–2026) CO 25 (1988–2019) GA 24 (2004–2026) CT 23 (1990–2025) FL 22 (1982–2019) NC 20 (2006–2026) OR 18 (1987–2024) SC 15 (2005–2025) WI 14 (1993–2026) NJ 14 (1985–2020) AL 12 (1981–2026) VA 11 (1984–2026) NM 11 (1995–2021) NV 9 (1997–2016) IA 9 (1988–2018) IL 9 (1986–2025) MN 9 (1994–2025) ND 9 (1981–2019) ID 9 (1993–2025) MT 8 (1988–2024) MD 8 (1986–2020) AZ 7 (2002–2020) TN 7 (1999–2019) AK 6 (1990–2020) UT 6 (1990–2015) NY 6 (1965–2019) KS 6 (1997–2017) MO 6 (1990–2008) LA 5 (1985–2011) OK 5 (2011–2022) MS 5 (2018–2026) NH 5 (2010–2012) ME 4 (2000–2023) HI 3 (2009–2020) NE 3 (2015–2017) RI 3 (1998–2009) SD 2 (2017–2018) IN 2 (2009–2023) WY 2 (2005–2007)

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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