The Metropolitan St. Louis Sewer District v. The City of Bellefontaine Neighbors, Sherrell Construction, Inc.

476 S.W.3d 913, 2016 Mo. LEXIS 1, 2016 WL 142767
CourtSupreme Court of Missouri
DecidedJanuary 12, 2016
DocketSC94831
StatusPublished
Cited by79 cases

This text of 476 S.W.3d 913 (The Metropolitan St. Louis Sewer District v. The City of Bellefontaine Neighbors, Sherrell Construction, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Metropolitan St. Louis Sewer District v. The City of Bellefontaine Neighbors, Sherrell Construction, Inc., 476 S.W.3d 913, 2016 Mo. LEXIS 1, 2016 WL 142767 (Mo. 2016).

Opinions

Laura Denvir Stith, Judge

The Metropolitan St. Louis Sewer District (“MSD”) appeals the trial, court’s judgment dismissing its claims of inverse condemnation, trespass and negligence against the city of Bellefontaine Neighbors for damage to MSD sewer lines allegedly caused in the course of a city street improvement project. MSD argues that it can bring a claim under article I, section 26 of the Missouri Constitution for inverse condemnation alleging the City unintentionally took its property without just compensation. This Court disagrees. Article I, section 26 provides constitutional protection against the taking of “private” property without just compensation. It is undisputed that the sewer pipes that MSD alleges were inversely condemned are public property. This Court rejects MSD’s argument that the word “private” was intended to encompass “public” property as well. The meaning of the word “private” is unambiguous, and the trial court did not err in giving the provision its plain meaning and dismissing the inverse condemnation claim.

MSD alternatively argues that the trial court erred in holding that sovereign immunity barred-it from asserting claims for trespass and negligence against the City because the City has not identified a previous case in which sovereign immunity has been found to apply in suits between governmental entities. This -Court rejects MSD’s argument. ' Sovereign immunity is the rule, not the-exception. Unless it is waived or. a statutory or recognized common law exception, such as consent, is applicable, sovereign immunity applies. No statutory or common law exception applies here, and the federal and California cases on which MSD relies are distinguishable. The judgment is affirmed.

I. FACTUAL AND PROCEDURAL BACKGROUND

MSD was formed in 1954 following voter approval pursuant to article VI, section 30 of the Missouri Constitution. MSD provides wastewater treatment and sewerage facilities for the St. Louis city and county metropolitan area. In 2009, the City of Bellefontaine Neighbors, a municipality in St. Louis County, initiated a street improvement and resurfacing project and hired Sherrell Construction Inc. as general contractor for the project and P.H. Weis & Associates ■ as engineer. Sherrell hired [915]*915Lift Rite Inc. to conduct mudjacking services. Mudjacking is a process of pumping a concrete-like slurry underneath the streets to fill the voids. When Lift Rite pumped the concrete slurry under the streets, some of the slurry was pumped into and hardened inside MSD’s sewer lines, allegedly requiring MSD to replace the lines to make them usable again. The alleged damage was $66,860.25.

In October 2013, MSD filed suit. In its original petition, MSD asserted a claim of trespass and negligence against Sherrell, Weis and Lift Rite and a claim of inverse condemnation against the City. The City moved to dismiss for failure to state a claim, arguing that inverse condemnation applies only in the ■ case of a taking of private property, not public property, and that MSD failed to allege any affirmative' acts by the City that caused the damage. The trial court granted the City’s motion to dismiss in April 2014.

MSD fíléd an amended petition again' setting out a count for inverse condemnation against the City and added claims against the City of negligence and trespass, alleging it was the City’s participation in and direction of the activities that damaged MSD’s sewer- lines.1 The City again moved to dismiss, alleging that inverse condemnation does not apply to public property and that sovereign immunity applied and had not been waived. Finding “no just reason for delay,” the trial court entered judgment in favor of the City and certified the ruling for immediate appeal pursuant to Rule 74.01. The court of appeals transferred the case to this Court after opinion under Mo. Const, art. V, sec. 10.

II. STANDARD OF REVIEW

“The standard of -review for a trial court’s grant of a motion to.dismiss is de novo.” Lynch v. Lynch, 260 S.W.3d 834, 836 (Mo. banc 2008). The Court treats the facts contained in the petition as true and- in the light most favorable to the plaintiff. Id. “If the petition sets forth any. set of facts that, if, proven, would entitle the plaintiffs to relief, then the petition states a claim.” Id.

III. INVERSE CONDEMNATION

A. Principies Governing Inverse-Condemnation ! ■

Article I, section 26 of thé Missouri Constitution provides “[tjhat private property shall not be taken or' damaged for public use without just compensation.” Condemnation is the proceeding by which a governmental entity takes private property, State ex rel. Missouri Highway & Transp. Comm’n v. Anderson, 735 S.W.2d 350, 352 (Mo. banc 1987) (superceded by statute oh .other grounds). Missouri statutes provide 'procedures through which just compensation for this taking is deter[916]*916mined and paid in accordance with the principles set out in article I, section 26. See, e.g., sections 523.010 to 523.2152 (governing condemnation proceedings); sections 88.010 to 88.821/, (governing a' public entity’s condemnation for public works). This Court also has adopted procedures governing condemnation in Rule 86. “Both the statutes and our rule contemplate a two-step process. First, the court must determine whether ... the condemning authority complied with the conditions precedent to bringing the action ... [and] [secondly, the court must éstablish the landowner’s damages from the taking.” State ex rel. Missouri Highway & Transp. Comm’n, 735 S.W.2d at 352.

At times a public entity does not initiate condemnation proceedings but nonetheless intentionally or accidentally takes private property, such as when it damages private property or mistakes boundaries or property rights. In such cases', property owners may pursue claims for “inverse condemnation.” “Inverse condemnation is not an alternative to proper condemnation, but a method of ... assuring] that landowners receive just compensation for that which was taken.” Harris v. L.P. & H. Const. Co., 441 S.W.2d 377, 381 (Mo.App.1969). Accord, State ex rel. City of Blue Springs v. Nixon, 250 S.W.3d 365, 371 (Mo. banc 2008).

B. Inverse Condemnation Claim

Here; MSD claims that the City took its property accidentally when the City or its agents filled MSD sewer pipes with slurry during the mudjacking process, thereby rendering the pipes unusuable. It sued the City for just compensation for this damage under a theory of inverse condemnation. The trial court dismissed MSD’s inverse condemnation claim without issuing findings of fact or conclusions of law. When a trial court does not indicate why it dismissed the petition, this Court presumes it was for one of the reasons stated in the motion. Costa v. Allen, 274 S.W.3d 461, 462 (Mo. banc 2008).

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Cite This Page — Counsel Stack

Bluebook (online)
476 S.W.3d 913, 2016 Mo. LEXIS 1, 2016 WL 142767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-metropolitan-st-louis-sewer-district-v-the-city-of-bellefontaine-mo-2016.