State ex rel. Nixon v. Childers

243 S.W.3d 403, 2007 Mo. App. LEXIS 1457, 2007 WL 3070794
CourtMissouri Court of Appeals
DecidedOctober 23, 2007
DocketNos. WD 66892, WD 67051
StatusPublished

This text of 243 S.W.3d 403 (State ex rel. Nixon v. Childers) 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.

Bluebook
State ex rel. Nixon v. Childers, 243 S.W.3d 403, 2007 Mo. App. LEXIS 1457, 2007 WL 3070794 (Mo. Ct. App. 2007).

Opinion

HARDWICK, Judge.

This appeal arises from a summary judgment ruling that the State of Missouri (“State”) has no property rights in a railroad lift bridge (“Boonville bridge”), which crosses the Missouri River at Boonville, Missouri. The State contends the circuit court erred in determining that it did not acquire such rights under the terms of a contractual agreement between the Missouri Department of Natural Resources (“DNR”) and the Missouri-Kansas-Texas Railroad Company (“MKT”). For reasons explained herein, we affirm the summary judgment.

Factual and PROCEDURAL History

In September 1986, MKT filed an application with the Interstate Commerce Commission (“ICC”) to abandon its right-of-way for railway lines in the counties of St. Charles, Warren, Montgomery, Callaway, Boone, Howard, Pettis, and Cooper, including the Boonville bridge. The ICC approved the application and authorized the right-of-way for interim trail use, pursuant to the National Trails System Act, 16 U.S.C. § 1247(d) (1983).

On June 25, 1987, MKT entered into an “Interim Trail Use Agreement” with DNR. The Agreement and a subsequent quitclaim deed conveyed 197.67 miles of the MKT right-of-way to DNR for development of the Katy Trail State Park. The Agreement provided that MKT was conveying all of its interest in the right-of-way except for the Boonville lift bridge. In that regard, paragraph six of the Agreement states in relevant part:

The property to be conveyed by MKT to MDNR consists of all of MKT’s right, title, and interest in and to the following described real property and premises ... save and except those certain exceptions and exclusions set-forth in this paragraph six ...
Excepting and excluding from the said conveyance all of MKT’s interest in the following described parcels of land and/or structures:
[[Image here]]
MKT’s Boonville lift bridge, being MKT’s Bridge No. 191.1 across the Missouri River at Boonville, Missouri. MKT agrees that said bridge shall be kept available for transportation purposes in accordance with ICC decision ex parte No. 274 (Sub.-No.13) and that MDNR upon execution of waivers of liability acceptable to MKT may utilize the bridge for trail purposes; provided, however, that MKT reserves the right to modify the bridge structure as may be required to improve rail transportation, so long as MDNR’s right to utilize the premises for interim trail use is not adversely affected thereby.

Following the quitclaim conveyance, Union Pacific Railroad (UP) acquired MKT’s interest in the Agreement and the Boon-ville bridge. During 2004, Stephen Mah-food, the Director of DNR, learned that UP intended to remove the Boonville bridge from its current location. DNR had never sought to utilize the bridge for trail purposes, but Director Mahfood wanted to preserve its future option to do so.

On October 12, 2004, Director Mahfood sent a letter notifying UP that DNR intended to preserve its rights to use the bridge, as set forth in the 1987 Agreement. UP responded that the Coast Guard had recommended removal of the bridge because it had not been used for transportation purposes for the past seventeen years. UP also stated that the bridge was expressly excluded from the right-of-way conveyance in the 1987 Agreement and [405]*405that the conditions for waiver of liability had not been met.

On December 23, 2004, Director Mah-food sent a letter offering UP a full waiver of liability for the bridge. However, in January 2005, Mr. Mahfood was replaced by Doyle Childers as Director of DNR. Director Childers subsequently executed an amendment to the 1987 Agreement, which allowed UP to remove the Boonville bridge. In a follow-up letter dated May 24, 2005, Director Childers informed UP that DNR was “releasing” and “permanently waiving” its rights, under paragraph six of the 1987 Agreement, to use the bridge for trail purposes.

On May 26, 2005, the State, by and through the Attorney General Jay Nixon, filed a lawsuit against Director Childers and DNR, seeking a declaration that the 1987 Agreement created property interests for the State in the Boonville bridge, and that the DNR Director had no authority to release, convey, or surrender those interests. The State later filed a Second Amended Petition, adding UP as a defendant.

The parties filed cross-motions for summary judgment. On April 25, 2006, the circuit court entered summary judgment against the State and in favor of the Director Childers, DNR, and UP on all counts of the petition. The court determined that UP never accepted DNR’s offer to waive liability, and, thus, the condition precedent was not met under the 1987 Agreement for the State to acquire a property interest in the Boonville bridge. The court further concluded that the Director of DNR had authority to decline to acquire property rights to the bridge under Section 253.040, R.S.Mo.2000. The State appeals.

Analysis

The State contends summary judgment was improper because the circuit court erroneously determined that the State did not have a property right in the Boonville bridge. Based on the language of the 1987 Agreement, the State argues that it obtained: (1) negative easement rights to preclude MKT from taking adverse action with regard to the bridge, and (2) a future interest in the bridge by way of an affirmative easement that would “spring” into use once the waivers of liability were executed. The State further asserts that the easements constituted presently existing property rights, which the Director of DNR had no authority to release.

We review a grant of summary judgment de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). Summary judgment is appropriate only where “there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law[.]” Rule 74.04(c)(6). Where, as here, the essential facts are not in question, disputes arising from the interpretation and application of a contract are matters of law for the court. Care Ctr. of Kansas City v. Horton, 173 S.W.3d 353, 355 (Mo.App.2005).

In a contract case, summary judgment is appropriate when the meaning of the contract at issue is so apparent that it may be determined from the four corners of the document. Dubinsky Realty, Inc. v. Vactec, Inc., 637 S.W.2d 190, 192 (Mo.App.1982). We must determine the intention of the parties from the language of the contract and in light of its full context. Country. Club Dist. Homes Ass’n v. Country Club Christian Church, 118 S.W.3d 185, 189 (Mo.App.2003). When the language of the contract is clear and unambiguous as to restrictions on the use of property, its meaning must be given effect. Id.

[406]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Care Center of Kansas City v. Horton
173 S.W.3d 353 (Missouri Court of Appeals, 2005)
ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.
854 S.W.2d 371 (Supreme Court of Missouri, 1993)
Dubinsky Realty, Inc. v. Vactec, Inc.
637 S.W.2d 190 (Missouri Court of Appeals, 1982)
Country Club District Homes Ass'n v. Country Club Christian Church
118 S.W.3d 185 (Missouri Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
243 S.W.3d 403, 2007 Mo. App. LEXIS 1457, 2007 WL 3070794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-nixon-v-childers-moctapp-2007.