Category Archives: Missouri law

The defunct HOA problem continues in Missouri, legislation needed urgently


Homeowner associations (HOAs) are given responsibility by recorded subdivision and condominium documents for maintaining, insuring and operating private communities’ common properties, such as streets, drinking water systems, sewer collection and treatment systems, and recreation facilities.

With many developers having abandoned projects before the HOA is operated by residents, the residents and other lot or unit owners (such as lenders that have foreclosed) are often faced with HOAs that cannot properly Read the rest of this entry

All owners are necessary parties in condominium litigation when class action fails

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The Villa Dorado condominium has 45 buildings, only nine of which have elevators. When the condominium association’s board assessed every unit owner for repairs to elevators, Epstein and Root protested. Their units were in buildings with no elevators, Read the rest of this entry

Widow gives it away and still gets to keep real estate


Sharon and Ron married in 1986, but couldn’t live together. After several separations, in 2005 they split for good, and Sharon had another guy. Sharon signed a deed at Ron’s request, apparently giving up her interest in a piece of real estate that they owned as husband and wife. But they never Read the rest of this entry

A real estate sub-agent can’t sue the seller for a commission


It’s a bitter lesson. A real estate agent spends money advertising and showing property. But when the deal closes, no commission is paid.

To prove the right to a commission, the agent must prove only two things:

  • that the agent was the “procuring cause of the sale”
  • that an employment relationship existed between the seller and the agent.

The case Deer Run Properties v Keys to the Lake illustrates that the second point Read the rest of this entry

City of Sullivan must charge everyone the same tap fee


This post has been removed because the Missouri Supreme Court’s opinion in City of Sullivan v. Sites overruled the Court of Appeals’ opinion in  City of Sullivan v. Sites and affirmed the trial court’s decision upholding different tap fees for different parts of town.

Missouri law in federal court: how does it work?


Federal courts apply state law, but not state procedural rules. The long but clearly written opinion by the U. S. Court of Appeals in Cole v. Homier Distributing  Company provides good examples of how federal courts apply state law, but use federal procedural rules to do so. Read the rest of this entry

Branson lakefront deal goes from good to bad. Not what you’re thinking, though.


You know the story. The City of Branson gives a great deal to a private business to create an attraction on the Taneycomo lakefront. A few years later, the City doesn’t think the deal is working well for the City. The political winds have changed. Now there’s a lawsuit. Here’s how it went down, more than a half-century ago.

Jim Owen–not to be confused with the singer–played a major role in putting Branson on the tourism map. A consummate promoter of float fishing on the James and White rivers and tourism and commerce in the Branson area, he was unstoppable. Born in Webster County, Missouri (east of Springfield), he came to Branson in 1933, already experienced with public relations.

Soon Jim had built a movie theatre and started a float fishing business that got national attention and was also a banker and farmer. Some fine person posted this promotional silent film of one of his trips (11 minutes long) Read the rest of this entry

LegalZoom.com sued in Missouri class action: maybe now we’ll find out what the practice of law really is


What do lawyers do? In other words, what is the scope of the lawyer racket?

A suit filed in December 2009 in Cole County Circuit Court in December 2009 may give us some idea of whether LegalZoom’s document-generation service overlaps the practice of law in Missouri. LegalZoom has filed a motion to move the suit into federal court.

LegalZoom.com., Inc. takes information from its customers and uses that information to complete documents, which it sells to those customers. In some ways, it’s a web-based version of the books of forms that have been available in paper form for hundreds of years and in digital form for 30 years or more.

The lawsuit was filed by persons who used LegalZoom for the preparation of a will and organizational documents for a limited liability company. The plaintiffs asked the court to certify that they were representatives of all Missouri residents who have done business with LegalZoom. The plaintiffs and their lawyers want Read the rest of this entry

Branson Landing land titles: how soon we forget how it was just 10 years ago!


Pictures help to tell the story that lies underneath the disputed land titles at the north end of Branson Landing. You can click on these images to enlarge them. Here’s the 1913 plat of Park Addition to the City of Branson.

The southwest corner of the Belk building sits about where Sycamore Street joins what has been called St. Limas Street and Boxcar Willie Drive, now Branson Landing Boulevard. The platted lots in Block 4 of Park Addition were the location of resorts until construction of Branson Landing began. Mang Park, with a baseball diamond and swimming pool, occupied Read the rest of this entry

Jury muddles title to North Beach Park and part of Branson Landing


On January 14, 2010, a Taney County jury rendered its verdict on the counterclaim of Doug Coverdell and Coverdell Enterprises against Empire District Electric Company, the Joplin-based utility that owns Lake Taneycomo and some adjacent land.

Coverdell’s counterclaim apparently sought to determine that Coverdell had better title than Empire to Branson’s North Beach Park and the north end of Branson Landing, possibly extending as far south as the north quarter of the parking garage.

The City of Branson has leased North Beach Park from Empire for decades. The deeds that the jury seemed to affirm include land that the City bought from owners other than Empire as well as land owned by persons not involved in the lawsuit.

A quiet title suit often doesn’t absolutely determine ownership, but only determines which of the litigants has a better claim to title. Without a definite legal description and the participation of all the owners, a verdict like the one here is much less than certain.

As events unfold, I’ll explain more here. If you want to get an email notification of updates to this blog, check the email box in the upper right corner of your screen.

Having reviewed portions of the court file, my tentative conclusion is that the jury’s verdict is a long way from resolving the dispute. Empire has filed a post-trial motion and others will be assessing their options. A judgment does not become final for 30 days, which can be extended by the filing of post-trial motions.