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Ozarks Law & Economy

  • The after-born shall inherit, leaving the nephew out of luck

    Elbert and Irma got married. Irma already had a daughter, Deborah. Elbert had a favorite nephew, Robert. As is often the case, in 1958 Elbert and Irma signed the same will. Not knowing who would die first, their will had to account for both possibilities. If Elbert died first, half of their [...]
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    Posted: December 10, 2009, 5:31pm EST
    by Harry Styron

  • “She must be sane. Her handwriting is beautiful.”

    How can you tell when somebody has lost the ability to understand a simple transaction? In Ashton Trust v Caraway, an Arkansas court considered an 86- year-old womans’s penmanship in in determining that she knew what she was doing in selling land, even though her son contended that she had [...]
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    Posted: December 03, 2009, 7:00pm EST
    by Harry Styron

  • Charity to animals is basis for property tax exemption

    Property taxes in Missouri and most states apply to all property that isn’t exempted by a provision of the state constitution or statutes. The exemptions from Missouri real estate taxes are listed in section 137.100 of the Revised Statutes of Missouri, which includes government property and All property, real and personal, [...]
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    Posted: November 24, 2009, 10:02pm EST
    by Harry Styron

  • Thinking about Donald Harington

    Number of comments: 5
    Donald Harington was much on my mind last Saturday, November 7, as I attended a wedding in the vicinity of Murray, Arkansas, a place well off the paved roads, southwest of Jasper, the county seat of Newton County. On this spectacular day–an outdoor wedding in November!–I watched Julie Brown and [...]
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    Posted: November 12, 2009, 5:25pm EST
    by Harry Styron

  • Lawyers cringe when neighbors fight

    If you want to see a lawyer cringe, ask how he or she likes property line disputes or fights over trees near property lines. The case of Lau v. Pugh shows why lawyers (including trial judges and appellate judges) hate such cases. After all the fighting and expense, nobody is happy. [...]
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    Posted: November 11, 2009, 9:22am EST
    by Harry Styron

  • Where to learn about consumer law issues

    Number of comments: 1
    The blog Caveat Emptor is a great source of information for lawyers and non-lawyers about some of the issues that vex most of us, such as: credit card companies bank practices that seem to cost way too much telemarketing aggressive debt collectors If you don’t have the money to hire a lawyer, or you want [...]
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    Posted: November 05, 2009, 3:57pm EST
    by Harry Styron

  • You owed it, you paid it, but I can’t keep it?

    Sounds funny. But it’s not. Moore Equipment sells John Deere farming equipment in Chillicothe, Missouri. Moore sold Sholten a big tractor with a warranty on the drive train. Moore’s warranty to the buyer was backed by PRS, an insurance company. If Moore had to make the warranty good, PRS would pay [...]
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    Posted: October 27, 2009, 1:29pm EDT
    by Harry Styron

  • It’s time: HOA budgets for 2010

    Homeowner associations (HOAs) generally have fiscal years that correspond to calendar years, which means that it’s time for HOA boards to begin work on their 2010 budgets, so that the new budget–which establishes the HOA board’s authority to collect assessments and spend money–is in place before the start of 2010. Missouri [...]
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    Posted: October 25, 2009, 4:35pm EDT
    by Harry Styron

  • The long arm of the law doesn’t always reach a guarantor

    The United States is a fairly friendly and respectful federation, at least when it comes to enforcing judgments so that creditors can get paid. This arrangement encourages commerce. If a lender gets a judgment in one state, that judgment can be registered with the court of another state, and the lender [...]
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    Posted: October 16, 2009, 6:45pm EDT
    by Harry Styron

  • It ain’t fraud if you know better

    Number of comments: 3
    Owning a business is the dream of a lot of people, but buying a business can be a nightmare. To facilitate the process, business brokers attempt to hook up sellers and buyers, and they know that getting a worn-out seller with a naive buyer is a very tricky endeavor that [...]
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    Posted: October 09, 2009, 10:19pm EDT
    by Harry Styron

  • The greatest E. coli risk at Lake of the Ozarks may not be from the water

    Number of comments: 1
    Undies are in bunches in Jeff City.  Gov. Nixon is embarrassed that his lawyer-laden government has been caught not protecting the public from health risks of E. coli, a family of bacteria whose presence in water is a marker of fecal contamination from human and animal sources. Department of Natural [...]
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    Posted: October 03, 2009, 9:14pm EDT
    by Harry Styron

  • Default judgments: sometimes they stick

    A September 25, 2009 decision of the Missouri Court of Appeals’ Southern District, First Community Bank v Hubbell Power Systems, underscores that the trial judge doesn’t have to set aside a default judgment, even if it’s promptly requested, and even though Missouri’s court rules and case law disfavor default judgments [...]
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    Posted: September 28, 2009, 8:46pm EDT
    by Harry Styron

  • The Tri-State Mining District continues, producing poultry, not lead and zinc

    Number of comments: 2
    The Tri-State Mining District, comprising adjacent portions of Kansas, Missouri and Oklahoma, is generally thought to be out of business, other than for its massive legacy of environmental damage, notably the Tar Creek Superfund site, but also involving water and soil contamination in several counties in all three states. But mining [...]
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    Posted: September 20, 2009, 9:20am EDT
    by Harry Styron

  • Water: the supply is dwindling and we’re polluting what’s left

    Number of comments: 3
    The availability of clean water in the western Ozarks is becoming acute. The Tri-States Water Coalition and Missouri State University are continuing a public exploration of the supply issues. The New York Times has published the first report of its monumental study of compliance and enforcement of water pollution regulations. [...]
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    Posted: September 13, 2009, 10:13am EDT
    by Harry Styron

  • Maybe the duck accent is different in San Francisco?

    Trademarks are worth fighting for, at least that’s what Ride the Ducks thinks. Ride the Ducks has filed suit in San Francisco to stop a competitor from using noisemakers that resemble “Wacky Quackers,” a plastic kazoo originated by Ride the Ducks in Branson. You can read a tongue-in-cheek account of the [...]
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    Posted: September 06, 2009, 10:36am EDT
    by Harry Styron

  • Take a look at Blawg St. Louis

    St. Louis lawyer Jim Hacking has started “Blawg St. Louis,” which covers the legal scene of St. Louis, reporting on court decisions and news about lawyers and the legal profession. Many readers of Ozarks Law & Economy are in the St. Louis area and may wish to read a blog that [...]
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    Posted: September 04, 2009, 9:52am EDT
    by Harry Styron

  • Private sector jobs lost because of Missouri Division of Tourism budget cuts: why?

    Like most states, Missouri’s constitution requires balanced budgets–on an annual basis–forcing the governor to make cuts when revenues fall below budget projections. As reported in the Springfield News-Leader and elsewhere, the Missouri Department of Economic Development has announced that the budget for its Division of Tourism must be sliced by [...]
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    Posted: August 31, 2009, 6:21am EDT
    by Harry Styron

  • “I can’t make your loan; my zoning’s wrong.”

    Number of comments: 2
    The idea of traditional zoning is to segregate land uses. For example, zoning should protect the value of ownership of retail or residential real estate from the effects of a tannery locating next door. In a sense, zoning is a mechanism for separating land uses that could be considered nuisances [...]
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    Posted: August 25, 2009, 8:04pm EDT
    by Harry Styron

  • Greenwood stands up for its streets and its citizens

    It’s so easy to criticize city government for allowing the favored few to take advantage of public goods. And it’s difficult for a city to justify putting a damper on economic activity, even when the activity seems to consume public resources. But the City of Greenwood, Missouri, on the southeast [...]
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    Posted: August 12, 2009, 6:41pm EDT
    by Harry Styron

  • More confusion for Missouri boat dock law

    Number of comments: 10
    Boat docks, like other properties along Missouri’s lakes, are valuable and jealously guarded by those claiming ownership or rights of use. The law of boat docks is a muddle, perhaps due to the historic lack of clarity as to whether a boat dock is real property (land and the things attached [...]
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    Posted: August 09, 2009, 6:11pm EDT
    by Harry Styron

  • Missouri legislature nullifies jury verdict, attempting to deprive family of compensation for damages to their home caused by gun club

    Number of comments: 6
    Many people support the right of a jury to refuse to enforce a bad law. Most people think that courts shouldn’t make laws, but should leave lawmaking to representatives elected by the voters for that purpose. For a legislature to jump into the middle of a court case and take a [...]
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    Posted: August 01, 2009, 2:38pm EDT
    by Harry Styron

  • Holding a city to its promise can be done

    Most of us want to respect the government, especially local government. We expect local government to keep its promises. But the law relating to cities, towns and villages (which are all lumped together in the category “municipal corporations” or “municipalities”) cuts them some slack. A city council, board of aldermen or [...]
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    Posted: July 26, 2009, 10:02pm EDT
    by Harry Styron

  • A warranty deed doesn’t always convey everything

    Number of comments: 1
    Lawyers are taught in law school that ownership of land carries with it a bundle of rights. A warranty deed conveys “fee simple absolute” title, which is the full bundle of rights. A person who obtains title by a warranty deed gets 100% of the rights associated with the piece [...]
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    Posted: July 19, 2009, 3:03pm EDT
    by Harry Styron

  • Federally-managed Ozarks rivers require protection, even abstinence

    How and how much protection to give the Jacks Fork, the Current and the Buffalo rivers is much on the minds of people in and around the Ozarks this summer. Those of us whose memories of these treasures span several decades are sad about the effects of overuse and unwise [...]
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    Posted: July 18, 2009, 5:32pm EDT
    by Harry Styron

  • Water + animosity = punitive damages

    Number of comments: 1
    Bad fences make bad neighbors, especially if the neighbors start retaliating. Then it escalates.  They lawyer-up and make things even worse. Greg and Lisa lived next to Tim on large tracts in a suburbanizing area southeast of Kansas City. They talked about building a fence on their common boundary, where a [...]
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    Posted: July 03, 2009, 5:53pm EDT
    by Harry Styron

  • What does Honduras have to do with the Ozarks?

    Number of comments: 10
    Ozarkers think of themselves as the real people, the salt of the earth, practical, not putting on airs, skeptical but tolerant, willing to help those in need. Our first impulse in meeting someone new is to figure out whether that person is from around here. My guess is that these [...]
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    Posted: June 30, 2009, 7:36am EDT
    by Harry Styron

  • Missouri PSC asserts jurisdiction over one tiny utility company, but many others escape

    Number of comments: 2
    Water and sewer services to residences and businesses are essential. Most of us take for granted that the operations of those who provide these services are reliable and are regulated. In reality, many water and sewer providers fall through several holes in Missouri’s statutory framework of regulation by the Missouri [...]
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    Posted: June 24, 2009, 6:44am EDT
    by Harry Styron

  • Fathers of my understanding the Ozarks

    Number of comments: 1
    Someone looking at my life could correctly observe that my life’s work has consisted of absorbing all I can about the history, economy and people of the Ozarks. I began this undertaking as a youngster at the Newton County Library in Neosho in about 1960, probably with a book by [...]
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    Posted: June 21, 2009, 2:13pm EDT
    by Harry Styron

  • Adverse possession: it’s so wrong

    Number of comments: 1
    Few legal concepts seem as unjust as adverse possession. This legal form of stealing involves one person becoming the owner of another’s property, usually that of a neighbor, simply by using it continuously and openly for a period of time set by statute (10 years in Missouri; seven years in [...]
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    Posted: June 10, 2009, 1:48am EDT
    by Harry Styron

  • Table Rock Lake and the cost of economic activity

    Number of comments: 4
    Kathleen O’Dell’s article about the economic impact of Table Rock Lake in today’s Springfield News-Leader, entitled “Table Rock Dam Gives Much Back to Area,” covers a lot of ground in describing the various kinds of economic activities that are related to the construction and continued existence of Table Rock Lake. In [...]
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    Posted: June 07, 2009, 1:07pm EDT
    by Harry Styron

  • Does a lawsuit ever go away?

    Why would a plaintiff (the party who files a suit) fail to show up for trial? How long should a court keep the suit alive, if the plaintiff doesn’t seem to care? In a recent opinion, Springfield’s Southern District of the Missouri Court of Appeals affirmed the trial judge’s determination that [...]
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    Posted: May 27, 2009, 5:24pm EDT
    by Harry Styron

  • Decorating and undecorating graves

    The weather was rainy in much of the Ozarks today, so I was glad that I had visited cemeteries of mine and my wife’s ancestors on Friday and Sunday. Pam’s comment to my previous post mentioned the custom of leaving small stones on a tombstone to indicate that a visit was [...]
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    Posted: May 25, 2009, 4:50pm EDT
    by Harry Styron

  • Take a trip to the past on Memorial Day

    Number of comments: 2
    Cemeteries, for me, offer a place of quiet contemplation. Sometimes, I know just enough of the people buried there to set my imagination running about lives, times and places. This cemetery in Forsyth holds the remains of Nathaniel Kinney, who led a vigilante group, the Bald Knobbers, for five years before [...]
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    Posted: May 18, 2009, 5:51pm EDT
    by Harry Styron

  • Beautiful bridges of the Ozarks

    Number of comments: 3
    Who doesn’t love a bridge? Other than the ferry operator, who lost a job. Miranda recently commented on this blog that she missed the photo of the Taneycomo bridge between Branson and Hollister that I used to have at the top of this page. Here’s a larger view of it: On Sunday morning, [...]
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    Posted: May 11, 2009, 8:19am EDT
    by Harry Styron

  • Private dam not grandfathered from safety regs

    Because the possibility that a dam could break is a continuing risk, an old dam isn’t exempt from newer rules for dam safety. So said the Missouri Supreme Court in an opinion released on May 5, 2009, reversing the ruling of a Springfield trial judge. The trial judge threw out a [...]
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    Posted: May 05, 2009, 6:31pm EDT
    by Harry Styron

  • When the iris blooms, it’s time to challenge your property tax value

    Number of comments: 4
    You may think of property taxes only when you get your property tax bill in November, with your taxes due by year end. But in November and December, you’re generally too late to do anything but pay the taxes. Spring is the time of year that you can actually do something [...]
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    Posted: May 03, 2009, 5:47pm EDT
    by Harry Styron

  • Crafted kayaks

    Number of comments: 1
    Many days, you’ll find Bill standing in his driveway near Blue Eye, Missouri, opposite where State Highway JJ goes north of Missouri 86, making kayaks, canoes and small boats, whose beauty is apparent even to those driving by at highway speed. His boats are “strip-built,” which means the hulls and decks [...]
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    Posted: April 27, 2009, 6:39pm EDT
    by Harry Styron

  • Get outside

    Number of comments: 2
    I’ve have links here (see sidebar) to a category called Ozarks Nature. The sites listed here are the work of talented people, whose writing and photography are of unusually high quality. I’m not a scientist, but these people open a welcoming door to that world, so that my enjoyment of [...]
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    Posted: April 25, 2009, 12:36pm EDT
    by Harry Styron

  • It’s time to enjoy Ozarks creeks, legally

    Number of comments: 2
    Much of the fun in the creeks of the Ozarks is good, clean fun. But it’s not always legal. Figuring out what is a legal use or behavior with regard to creeks and streams isn’t always easy, because several different federal and state agencies administer a confusing and overlapping bunch of [...]
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    Posted: April 18, 2009, 3:00pm EDT
    by Harry Styron

  • Whole lotta nestling going on in the Ozarks

    Number of comments: 3
    Did they all go to school together? I’m talking about those writers who love the word “nestled.” Branson and its attractions are frequently nestled. Here’s a sampling: From a resort: Nestled in the breathtaking Ozarks, Welk Resorts Branson is a first class destination hotel resort offering luxurious hotel accommodations, lodge accomodations, dining, and [...]
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    Posted: April 07, 2009, 9:41am EDT
    by Harry Styron

  • Missouri Supreme Court disses certified mail notice

    Number of comments: 5
    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 [...]
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    Posted: March 31, 2009, 7:45pm EDT
    by Harry Styron

  • 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 [...]
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    Posted: March 31, 2009, 8:22am EDT
    by Harry Styron

  • This property is condemned! How does that work?

    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: to describe the process by which a government [...]
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    Posted: March 27, 2009, 8:10am EDT
    by Harry Styron
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