Litigation

Litigation

Occasionally, the need for litigation or other formal proceedings arises to resolve disputes or take enforcement actions. This need can take the form of filing or defending against a lawsuit or initiating administrative actions such as permit/license revocation, dangerous building hearings, or nuisance abatement hearings. 

In appropriate cases, we work with our client’s insurance defense counsel on litigation matters that are covered by the client’s insurance carrier. For those matters that are not covered by insurance, we serve as our client’s legal counsel and handle the litigation. We’ve handled a variety of litigation matters at the administrative tribunal, trial court, Court of Appeals, and Missouri Supreme Court. Past litigation matters include:

  • Welch v. Dade County, (Dade County Circuit Court 2022) (obtained summary judgment on behalf of county against claim for additional compensation by public administrator)
  • Herman v. Cooper County Commission, 637 S.W.3d 671 (Mo. App. W.D. 2021) (successfully defended against claim for additional compensation by county clerk)
  • Village of Agency v. City of St. Joseph, 502 S.W.3d 726 (Mo. App. W.D. 2016) (successfully defended against attempt by village to involuntary annex city property that is used as its landfill)
  • Gerke v. City of Kansas City, 493 S.W.3d 433 (Mo. App. W.D. 2016) (handled oral argument on behalf of 13 cities in Jackson County regarding claims that the municipal courts were improperly assessing certain fees; the appellate court decided in the cities’ favor)
  • Page v. Scavuzzo, 412 S.W.3d 263 (Mo. App. W.D. 2013) (successfully defended county commission’s decision not to place zoo tax question on ballot)
  • United Asset Mgmt. Trust Co. v. Clark, 332 S.W.3d 159 (Mo. App. W.D. 2010) (successfully defended against challenge to county tax sale procedure)
  • South Metro Fire Protection District v. City of Lee’s Summit, 278 S.W.3d 659 (Mo. banc 2009) (established that upon annexation, land was automatically detached from fire district boundaries)
  • Jackson Cty. Bd. of Election Comm’rs v. City of Lee’s Summit, 277 S.W.3d 740 (Mo. App. W.D. 2008) (challenge to no-smoking ordinance)