Courts Bulletin - 9-Feb
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.

In this Issue

Administrative Hearing Commission Producer of steel products is liable for use tax on purchases of steel used to make building components that producer installed into real property.  LaSalle Iron Works v. Director of Revenue, No. 07-0493 RS (Mo. AHC, December 31, 2008), Kopp, C. Full Summary and Other Cases

Administrative Law No attorney fees award authorized against city.  Ellsworth "Ozzie" Amos, Plaintiff-Appellant v. City of Noel, A Fourth Class Municipal Corporation, Defendant-Respondent, No. 29214 (Mo App. S.D., January 20, 2009), Bates, J. Full Summary and Other Cases

Civil Practice & Procedure Trial court cannot grant a motion seeking affirmative relief where the moving party does not have any pleadings on file requesting affirmative relief.  Residential & Resort Associates, Inc., Respondent v. William Wolfe & Chevron/Sierra Land Co., LLC, Appellant, No. 69064 (Mo. App. W.D., January 6, 2009), Holliger, J. Full Summary and Other Cases

Commercial Law Distributor has no claim for breach of implied covenant of good faith and fair dealing resulting from termination of an at-will distributorship agreement.  Newco Atlas, Inc., Respondent v. Park Range Construction, Inc., Appellant, No. 69247 (Mo. App. W.D., December 16, 2008), Howard, P.J. Full Summary and Other Cases

Constitutional Law Constitutional provision for blind persons' pensions allows more than one fund.  Linda Gerken, Sheila Holt, Nancy Lynn, Trudy Blood, Galen Blood, Emma Lou Swopes, Brenda Gardner, and Missouri Council of the Blind, Appellants v. Gary Sherman, and Missouri Family Support Division, Respondents, No. 69053 (Mo App. W.D., January 13, 2009), Spinden J. Full Summary and Other Cases

Criminal Law Prior offender status must be pled and found prior to submission to the jury.  State v. Teer, No. 89501 (Mo. banc, January 27, 2009), Teitelman, J. Full Summary and Other Cases

Family Law Child protection orders:  Assessment of GAL fees.  In the Interest of G.F., et al., No. 90104 (Mo. App. S.D., January 13, 2009), Mooney, J. Full Summary and Other Cases

Insurance Law Automobile liability policy's household-exclusion provision was not ambiguous and contained anti-stacking language, therefore limiting coverage to the $25,000 MVFRL limits.  National Union Fire Insurance Company of Pittsburgh, PA., Respondent v. Brant Maune, Appellant and Ryan V. Maune, Defendant.  No. 90690 (Mo. App. E.D., January 6, 2009), Mooney, P.J. Full Summary and Other Cases

Probate & Trust Law Judgment affirmed where state was not required to amend definitions pursuant to statute, where state was deemed to be a creditor of the estate under Missouri probate code, where state was not required to amend Medicaid State Plan or promulgate new rules, and where notice by state was sufficient to inform appellants that state would pursue nonprobate assets.  In the Estate of Wallace G. Jones, Deceased, State of Missouri, Department of Social Services, MO HealthNet Division, Respondent v. Violet J. Knight and, Tommy Jones, Appellants., No. 69310 (Mo. App. W.D., January 13, 2009), Howard, J. Full Summary and Other Cases

Property Law Implied easement requires proof by clear, cogent and convincing evidence of obvious dominant/servient burden due to prior common owner's altered and permanent use with reasonable necessity.  Donald Schaumburg and Ruth Schaumburg, his wife, Plaintiffs-Respondents v. Richard D'Amour and Judy D'Amour, his wife, Defendants-Appellants, No. 29004 (Mo. App. S.D., December 17, 2008), Rahmeyer, J. Full Summary and Other Cases

School Law and Higher Education In making a determination as to whether to unaccredit a public school district, the Missouri State Board of Education may consider any and all relevant information,  including the school district's leadership stability and finances, and is not limited to the standards articulated in 5 CSR 50-345.100.1-.3.  Board of Education of the City of St. Louis, et. al. v. Missouri State Board of Education, et. al., No. 89139 (Mo. banc, December 16, 2008), Breckenridge, J. Full Summary and Other Cases

Tort Law Purchaser of real estate represented to be subject to restrictions could maintain action against seller when he discovered that property purchased was not subject to restrictions and value was thereby diminished and buyer was not charged with knowledge at recorder's office which existed on date of purchase that property was not subject to restrictions.  Steven C. Larabee and Frances C. Larabee, Appellants v. Buddy Eichler and Dorothy Eichler, Respondents, No. 89097 (Mo. banc, December 16, 2008), Price, J. Full Summary and Other Cases