Joachim Savings & Loan Ass'n v. State

Missouri Court of Appeals

Joachim Savings & Loan Ass'n v. State

817 S.W.2d 520, 1991 Mo. App. LEXIS 1200, 1991 WL 147140

CourtMissouri Court of Appeals

DecidedAugust 6, 1991

DocketNo. WD44220

StatusPublished

This text of 817 S.W.2d 520 (Joachim Savings & Loan Ass'n v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Joachim Savings & Loan Ass'n v. State, 817 S.W.2d 520, 1991 Mo. App. LEXIS 1200, 1991 WL 147140 (Mo. Ct. App. 1991).

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Opinion

TURNAGE, Judge.

Joachim Savings and Loan Association brought suit against the State of Missouri to recover taxes paid under § 148.480, RSMo 1978, after that section was declared unconstitutional. The suit was brought on the theory of inverse condemnation and sought a judgment for $118,849 plus interest. The case was tried on a stipulation of [521]*521facts and the court entered judgment in favor of the State. Joachim contends its money was taken by the State under the power of eminent domain without payment of just compensation in violation of Art. I, § 26 of the Missouri Constitution.

This case presents the same issues based upon the same facts as were presented in Home Savings of America, F.A., v. State of Missouri, 817 S.W.2d 518 (Mo.App.1991), decided concurrently herewith. For the reasons fully explained in Home Savings the judgment is affirmed.

All concur.

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TURNAGE, Judge.

Joachim Savings and Loan Association brought suit against the State of Missouri to recover taxes paid under § 148.480, RSMo 1978, after that section was declared unconstitutional. The suit was brought on the theory of inverse condemnation and sought a judgment for $118,849 plus interest. The case was tried on a stipulation of [521]*521facts and the court entered judgment in favor of the State. Joachim contends its money was taken by the State under the power of eminent domain without payment of just compensation in violation of Art. I, § 26 of the Missouri Constitution.

This case presents the same issues based upon the same facts as were presented in Home Savings of America, F.A., v. State of Missouri, 817 S.W.2d 518 (Mo.App.1991), decided concurrently herewith. For the reasons fully explained in Home Savings the judgment is affirmed.

All concur.

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Bluebook (online)

817 S.W.2d 520, 1991 Mo. App. LEXIS 1200, 1991 WL 147140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joachim-savings-loan-assn-v-state-moctapp-1991.

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