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Courts Bulletin - Current Issue (February 2017)

The latest court decisions are summarized each month in the Courts Bulletin. This publication keeps Missouri Bar members current with rulings in selected areas of the law. Selected federal court opinion summaries, new or amended rules of court and other matters of interest to practitioners are also included from time to time. A panel of volunteer lawyers, all authorities in their respective subject areas, prepare the case summaries. Readers are encouraged to check Missouri CaseNet for the current status of any reported decisions.

Administrative Hearing Commission
Operator of city-owned arena hosting athletic and entertainment events liable for sales tax on sales of luxury suite licenses and club offering option to buy tickets before public availability. AEG Kansas City Arena, LLC v. Director of Revenue, No. 12-1347 RS (MO. AHC December 19, 2016), McIntosh, C. 
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Criminal Law
Defendant’s possession of pseudoephedrine was not limited to time of arrest or search, where other evidence, including Defendant’s confession to possession of the substance, supported the inference that he possessed the substance on the date charged. State v. Twitty, No. 95818 (Mo. banc, January 17, 2017), Fischer, J.
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Family Law
Pursuant to § 475.030.4(2), clear and convincing evidence is the standard of proof required to establish that a parent is unwilling, unable, or unfit to serve as the natural guardian of a minor. In the Matter of A.L.R. K.R. v. A.L.S., No. 79123 (Mo. App. W.D., July 26, 2016), Martin, J.
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Juvenile Law
While trial court applies the clear, cogent, and convincing standard of proof to determine if grounds for granting an adoption without consent have been established, appellate review is the same as in any other bench tried case—the Murphy v. Carron standard. Adoption without consent is affirmed where Father is a Sexually Dangerous Person (SDP) and he is not likely to recover from his mental condition, and where Father has willfully abandoned Child. Adoption of I.M.W., No. 34476 (Mo. App. S.D., February 1, 2017), Francis, J.
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Local Government
Municipal ordinance proposed by initiative and scheduled for election could not be reviewed prior to its adoption by the voters. City of Kansas City v. Board of Election Commissioners and Mann, No. 95368 (Mo. banc, January 17, 2017) Wilson, J.
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Tort Law
Sole connection element defined for § 516.097’s statute of repose for architects, designers, and builders of defective improvements to real property. Farmer’s Alliance Mut. Ins. Co. v. Daniels Plumbing, et al., No. 78834 (Mo. App. W.D., August 9, 2016), Welsh, J.
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