Category Archives: Ozarks economy

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.

KIDSCOUNT Map: Ozarks not looking good by these measures


I like living in Southern Missouri, but I don’t like everything about it. In particular, children have a noticeably difficult time with basic needs.

This map allows you to see how each Missouri county’s children rank according to:

  • % on free and reduced school lunches
  • births to mothers without high school diplomas
  • infant mortality
  • child death rates
  • child abuse and neglect rates
  • out-of-home placement
  • high school dropout rates
  • births to teen mothers
  • teen violence

This map is prepared by a non-partisan, non-profit advocacy group, Citizens for Missouri’s Children, with the financial support of the Annie E. Casey Foundation, compiles and maps statistics which tell us something about the children of Missouri.

The counties which look worst by these measures are scattered around the state, with St. Louis City being at the bottom. But the counties of the Ozarks and, especially, the Bootheel, don’t look well.

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

Taking a fresh look at the history, politics and ecology of the rainbow trout fishing industry


This morning, I scanned the headlines of Arts and Letters Daily, and was jolted by this:

Behold the regal rainbow trout, dappled denizen of deep lake and rushing river, fierce hunter of fish and fly—and prize of pork-barrel politics, invigorator of men, eradicator of native species, payload of numerous bombing missions.

Intrigued, I followed links to the webpage of Anders Halverson, the author of these words, whose book, An Entirely Synthetic Fish: How One Fish Beguiled American and Overran the World, has recently been published by Yale University Press.

I have accepted rainbow trout fishing as simply a part of the world as I know it. I live a couple of blocks from Lake Taneycomo, where almost every day of the year I wake to the sounds of motors on the boats of trout anglers. While the Branson entertainment business ebbs and flows, the trout-fishing business in Branson seems to be evergreen, though it requires that tax and permit revenues be spent for propagating the trout, enforcing regulatons, and protecting the quality of the fishery. My own fishing license bears a trout stamp.

cover of An Entirely Synthetic Fish

As a child, I read Bill Potter’s annual accounts of the trout season’s March 1 opening day in the Joplin Globe, and the Missouri Conservationist’s articles about the Missouri Department of Conservation’s hatcheries and stocking programs for rainbow trout and the need to buy a trout stamp in addition to a fishing license to support these activities. School children in my home county were taken to the Neosho National Fish Hatchery, America’s oldest federal fish hatchery, it was said, for educational tours. The Missouri Department of Conservation stocked rainbows in Capps Creek, a short spring-fed tributary of Shoal Creek near my childhood home in eastern Newton County, Missouri.

Opening day at trout parks around the Ozarks, notably at Roaring River, Bennett Spring, Montauk and Meramec state parks in Missouri is a ritual for thousands. Shoulder to shoulder, in all kinds of weather, stouthearted anglers line the banks and tangle lines to catch newly-stocked rainbows and browns. Trout are stocked and pursued in various other cool rivers in the Ozarks, such as the White River below Beaver and Bull Shoals dams, the North Fork of of the White River, and the Current River. There are numerous private “trout farms” where trout are raised for sale to restaurants, some of which allow fishing. Trout fishing is economically important in the Ozarks.

Lately, I was aware that the Neosho fish hatchery was the beneficiary of a $1 million appropriation for a new visitors center and a solar water heater (to aid in the propagation of the pallid sturgeon) contained in the the American Recovery and Reinvestment Act. A visitors center itself doesn’t hatch fish, but the construction of it helps the Neosho economy, creates a few permanent government jobs, and builds support for the program. The Neosho hatchery obtains rainbow trout eggs from the Missouri Department of Conservation’s Shepherd of the Hills Hatchery in Branson and raises fingerlings which are transported back to Lake Taneycomo and other Missouri trout fisheries.

I guess I’ll read An Entirely Synthetic Fish and begin the uncomfortable process of reexamining something that I had accepted without much thought. I wonder where I’ll end up.

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

Bill sure knew how to revoke his will!


He marked “void” over each paragraph; wrote “bastard” and “get nothing” on the will; and applied Liquid Paper over the names of the beneficiaries. He later shredded the document in the presence of his insurance agents….

But that wasn’t enough for his former in-laws, who had a photocopy of the will that Bill shredded. They claimed Bill was under “insane delusions,” lacking the mental capacity to effectively revoke his will. If the will was still valid, the in-laws would divide up an estate worth over Read the rest of this entry

Robert Mitchum and Jack Nicholson in “Maid in the Ozarks”


In looking for more information about the apparently awful play “Maid in the Ozarks,” I found a copy of a playbill on eBay, which contained photos of young Jack Nicholson, who played the role of Thad Calhoun. The production company was Jackie Productions, Inc., of which I know nothing.

“Maid in the Ozarks” apparently was staged in Los Angeles in 1941, and Robert Mitchum was in it for a while. It was a big hit around the country, and the Chicago production eventually moved to Broadway in 1946, where the public loved it and the critics hated it. The play traveled around the country with the Broadway lead Burman Bodel. At some point in the 1950s, Jack Nicholson took a crack at it. I’ve posted a couple of photos of Jack Nicholson from the playbill here.

Business broker Barbara Taylor speaks out


Barbara Taylor and her husband Chris are the founders of Synergy Business Services, a business brokerage company.  She’s a regular blogger on “You’re the Boss,” a feature of the New York Times’s Small Business section, which is where I discovered her. Then I learned that she lives and works in Northwest Arkansas.

I posed several questions to her:

1.  At what stage-if at all–should you ask for a lawyer’s assistance in purchasing a business?

I see some clients – most of whom are sellers – get an attorney involved as soon as an offer to purchase is presented by a buyer, which is typically done in the form of a non-binding Letter of Intent or Term Sheet. However, I’d say it becomes mandatory to get attorneys involved as soon the LOI has been signed and both parties have moved into the Due Diligence phase of a deal.

More often than not it’s the buyer’s attorney who will be drafting the Definitive Agreement (either an Asset or Stock Purchase Agreement, depending on the situation). As a buyer, you will more than likely want your attorney to help you draft an LOI to present to the seller. Once an offer is accepted, ask your attorney to start drafting the Definitive Agreement right away.

If you’re a a seller, I recommend that you send the first draft of the Definitive Agreement to your attorney immediately, and keep him or her involved throughout the remainder of the ownership transfer process (from Due Diligence through Closing). In my opinion, no one should buy or sell a business without counsel from a qualified attorney and a CPA.

2.   How can you tell if a lawyer has the right temperament and skills to be helpful in a business transaction? 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.