Monthly Archives: March 2009

Missouri Supreme Court disses certified mail notice


A unanimous opinion of the Missouri Supreme Court, dated March 31, 2009, holds that section 140.405 of the Missouri Revised Statutes is unconstitutional.

This statute provides for notice by certified mail to delinquent property taxpayers that someone has paid the taxes on their real estate and that they must redeem their property by paying the taxes, or lose it. If the certified mail notice is unclaimed, the person giving the notice (who is the purchaser of a tax certificate at a sale of delinquent property), that person must take additional steps to notify the delinquent taxpayer that a collector’s deed will be issued to the person who purchased the tax certificate. Read the rest of this entry

Branson Landing and FEMA


Several people have asked me about my take on the allegations that FEMA was given incomplete or inaccurate information about the flood-plain status of buildings in Branson Landing.

My firm represents several tenants and condo unit owners in Brans0n Landing and also represents another party in an appeal of an administrative determination made by Branson’s Department of Planning and Development.

I am withholding comment about the Branson Landing-FEMA controversy for two reasons:

  • I don’t know anything
  • I don’t want to inadvertently make a statement that would affect my firm’s ability to represent its clients.

This property is condemned! How does that work?


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Condemnation of property gets the blood pumping. The signs posted on this dilapidated trailer by the City of Branson indicate that it is “condemned,” but most of us don’t understand exactly what this means.

Condemnation has two meanings for local governments and property owners: Read the rest of this entry

SB 230: The Uniform Planned Communities Act


Today, I’ll travel to Jefferson City to testify before a Senate committee in favor of the Uniform Planned Communities Act, which is Senate Bill 230, sponsored by Sen. Joan Bray.

I have testified in support of the UPCA at two or three times previously. I’m not a lobbyist, and I testify for myself at my own expense, taking off work to do so. Here’s why: Read the rest of this entry

It’s all relative: Pie Town, New Mexico


Congestion in Pie Town

Nightly rental controversy in Ruidoso


I’m on vacation. I could have spent the night in a single-family home here in Ruidoso, New Mexico, rather than the Days Inn.

According to the local paper, the village council adopted an ordinance regulating nightly rentals after a judge ruled that this use was “residential.” The judge noted that the “business” aspects of nightly rentals–placing reservations and making payments–did not take place in the residences.

The new ordinance requires purchase of licenses, notice to neighbors, payment of lodging taxes, and placement of fire extinguishers in the homes. Violations can result in revocation of licenses after three complaints.

There are several hundred homes available for nightly rental in Ruidoso. The situation in the Branson and Table Rock Lake area is probably similar.

Film production injects dollars into Ozarks


The filming of Daniel Woodrell‘s novel “Winter’s Bone” at various locations in the Forsyth area will conclude next week. The story of the novel and movie concerns an Ozarks family affected by meth and violence. The silver lining to this depiction is that the process of making a movie puts cash from elsewhere into the local economy. This time of year, especially, that seems to be a good thing, since local unemployment is in double digits.

Jerry, Raeanne and Andrea at Cantina Laredo

Jerry, Raeanne and Andrea

I was invited to lunch yesterday by Jerry Jones, director of the Missouri Film Commission, who was making a visit to the set. I dined at Cantina Laredo with Jerry, his wife Pam (who is my friend from college days), Branson mayor Raeanne Presley, Steve Olson of Springfield, Bill Lennon of Branson, and Andrea Sporcic, assistant director of the Film Commission.

When Mayor Presley was on the Missouri Tourism Commission, she became acquainted with the work of the Missouri Film Commission, whose effectiveness in recruiting film productions to Missouri depends on Missouri’s film tax credit program, which provides an incentive for filmmakers to come to Missouri in the form of state tax credits for those film productions that spend a substantial amount of money in the state.

The production company has been lodged at Branson Landing, with a production office at the Branson Landing Convention Center. The company has hired extras locally and at least one local has a speaking part. Read the rest of this entry

Court reminds city that its powers are limited


Elected officials tend to think that they ought to be able to do whatever seems reasonable under the circumstances. But the Court of Appeals for the Eastern District of Missouri took a different view, in Cliff Hindman Real Estate, Inc. v. City of Jennings, handed down March 10, 2009. The Court of Appeals struck down an ordinance requiring landlords to buy licenses from the City, because Read the rest of this entry

Constitutional problem? Who ya gonna call?


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The United States Constitution is important as the statement of principles that restrain the things that the government can do. While we think of the Constitution as the document granting basic rights–to keep and bear arms and to express ourselves–the Constitution, primarily through the Bill of Rights and the Fourteenth Amendment, functions by restraining the government from taking our property without due process, from quartering soldiers in our homes, from punishing us for conduct that was legal when we did it, and from unreasonable searches and seizures, among other things.

Constitutional protections are implemented through Read the rest of this entry

Good luck with that foreclosure, MERS members


A Missouri appellate court, without trying, may have drawn a map to a defense to foreclosures–if borrowers can figure it out before the Missouri Supreme Court overturns the decision in Bellistri v Ocwen. The opinion shows how an assignment of a loan to a servicing company for collection can actually make the loan uncollectible from the mortgaged property. Read the rest of this entry