Category Archives: Missouri

Is it necessary to affirm the right to hunt and fish in state constitutions?


“I liked it better when I was hunting birds there,” said the mediator, when he figured out the location of the garages at a Branson condominium. Seven attorneys gathered to attempt to resolve a dispute over rights to use four garages at the condominium.

As the Ozarks and much of rural America becomes suburbanized, many people want to protect their cherished traditions of hunting and fishing. In ten states, citizens have amended their constitutions to affirm the right to hunt and fish. Oklahoma has done so and the proposal is being considered in Arkansas and Tennessee.

As I hear people in the Ozarks express themselves about land and water and fish and game, I hear the same arguments that have been made to affirm the rights of native peoples to continue their hunting and fishing traditions, some of which have been protected from state regulation by federal law.

The Ozarks have been populated by people of mostly European ancestry for nearly 300 years. After many generations, it’s no wonder that members of old Ozarks familes feel like they need to assert themselves to hang on to their culture. And those whose families haven’t been around as long would naturally want to feel secure in their adopted traditions.

Summary judgment reversed, no surprise, but in a collection case?


Baca, a chiropractor, sued the Cobbs for fees. The Cobbs answered that at least part of the fees were unreasonable, alleging that Baca jacked Read the rest of this entry

Getting outside in the Ozarks


Within a week, the heat wave will have run its course and we’ll surely have a little rain. Then we can get moving again in the wonderful Ozarks outdoors and watch the greens become gold, orange and red.

Here are some links for outdoor activities Read the rest of this entry

Oh, Gail, give it a rest! A New York Times columnist looks down on Missouri voters


It’s nothing new that a New York Times columnist would write about Missourians with a tone of good-natured condescension. That’s how Gail Collins approaches many topics. But did she make her points about why Missourians voted the way they did on August 3, 2010?

In today’s editorial, “Show Me Your Insiders,” Collins’s first point is that Missourians are “crazy Read the rest of this entry

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

“Winter’s Bone” and the image of the Ozarks


This summer, people around the country will be seeing the movie version of Daniel Woodrell’s 2006 novel, “Winter’s Bone.” They’ll wonder if the movie shows life in the Ozarks as it really is. The movie was filmed in Taney and Christian counties in Southwest Missouri, during the winter of 2009. You can see the trailer and read a synopsis of the plot.

This movie, with its glowing reviews and big success at the Sundance Film Festival, raises a couple of interesting questions: Read the rest of this entry

Branson Commerce Park opens new possibilities for Branson

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With its infrastructure complete, the streets, water and sewer systems of Branson Commerce Park were turned over to the City of Branson today. This 200-acre development on the north side of Branson is designed for commercial, light-industrial and residential development. In the photo, owner’s representative Phil Lopez and Branson mayor Raeanne Presley prepare to cut the ceremonial ribbon.

The original developer of Branson Commerce Park took advantage of Missouri’s Community Improvement District (CID) statutes to finance the installation of streets and water, sewer and underground telecommunication lines. Rather than install the infrastructure in phases, with years of construction traffic, the digging and disruption is over, except for what takes place on each lot. The CID program as used here does not involve the use of any taxpayer outlays or liability. However, a portion of the cost of installation of the infrastructure is allocated to each lot annually, collected with property taxes and remitted by Taney County to the trustee for the bondholders. The bondholders, through the purchase of the CID’s bonds, provided the construction money.

The Branson area is a popular destination for vacations and retirement, with not many private sector jobs outside these industries. Branson Commerce Park provides an ideal location for enterprises that support Branson’s extensive medical facilities and its many resorts, hotels and restaurants.

But there’s more. Because of its telecommunications infrastructure, Branson Commerce Park is a practical location for businesses that can be wherever there’s a good electronic link to the world. Entrepreneurs and employees who are attracted to the Ozarks may appreciate Branson Commerce Park’s proximity and easy access to residential neighborhoods, shopping, medical facilities, K-12 schools, and Branson’s RecPlex.

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.

Why get a lawyer to help you sell a business?


In this interview for the New York Times’ online “You’re the Boss” feature, I give some of the reasons. Here’s the link: http://boss.blogs.nytimes.com/2010/03/08/how-a-lawyer-can-help-you-sell-your-business/

Bentonville business broker Barbara Taylor interviewed me a couple of weeks ago.

Barbara is one of a dozen or so business people whose blogs appear in the Small Business Section of the online version of the New York Times. Jack Stack, of Springfield, Missouri, is the other Ozarks representative on the Times’ blogging roster.

Missouri Supreme Court calls “foul!” on Springfield’s red-light traffic camera


This is a $100 case. But sometimes, it’s not the money–it’s the principle.

Those are the surprising words of the Missouri Supreme Court.

The City of Springfield’s camera caught Adolph Belt’s car moving through a red light. Three months later, the City sent Belt a ticket for running a red light, and notified him that he could pay a $100 fine or request a court date. If he chose to appear in court, he faced a penalty of at least $100.

Belt requested a court date and received written confirmation that he would have a “contested hearing” to be held under the provisions of Chapter 536 of the Missouri Revised Statutes, also known as the Administrative Procedures Act.

Belt appeared at the hearing and contested the camera’s finding. A 30-veteran of the Missouri Highway Patrol with five years experience as a Kansas City traffic officer, Belt sensed that the yellow caution light cycle was too quick. He measured it with a stopwatch and presented his findings at the hearing to Todd Thornhill, a municipal judge who was acting as an “administrative hearing officer.” Thornhill didn’t accept the validity Read the rest of this entry