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Preview: Ozarks Law & Economy

Ozarks Law & Economy

How people, businesses and nature compete

Last Build Date: Mon, 15 Jan 2018 07:05:19 +0000


Tesla slips the noose of regulatory capture in MissouriHarry Styron

Tue, 05 Dec 2017 21:51:37 +0000

A regulated industry sometimes is able to use a regulatory agency to restrict competition. In Missouri, licenses for dealers of new cars have been issued only to applicants which hold franchises granted by manufacturers, with the franchisees each maintaining a place of business within the state. The value of a dealership is strengthened if a […]

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Book Review: James Fork of the White River, Transformation of an Ozark Riverjames-fork-front-cover-v2Harry Styron

Mon, 09 Oct 2017 02:01:47 +0000

Published by Lens & Pen Press, 4067 Franklin, Springfield MO 65807, $35 (buy both James Fork of the White River and Damming the Osage for $52.50 postpaid), 351 pages. The evolution of a river in the modern era has many dimensions—geology, politics, cultures, the rise and fall of towns, commerce—and Crystal and Leland Payton have […]

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SB 656: Missouri’s New Statute on Carrying Concealed Firearms and Standing Your GroundHarry Styron

Mon, 10 Oct 2016 14:39:04 +0000

Springfield criminal defense attorney Shane Cantin has written a well-balanced article that examines Missouri’s new legislation, SB 656, “Missouri Concealed Carry & Castle Doctrine: What You Need to Know.” SB 656 does away with the requirement of training and a permit for carrying concealed firearms. The business of concealed carry classes and permits will still go […]

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Breaking bad; closing good. So is walking away.Harry Styron

Tue, 16 Aug 2016 15:17:27 +0000

The rebound of the real estate market in the Ozarks seems very real, judging from the calls I get from stressed out buyers and sellers who are approaching closing dates. Buyers sometimes want break contracts, and sellers want to force the buyers to close. If the buyer has not made objections to the condition of […]

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Owner of philandering bull strictly liable but comparatively at fault for neighbor’s injuriesHarry Styron

Wed, 03 Feb 2016 15:58:41 +0000

When Taylor’s bull crossed the fence, attracted by Coble’s heifers, Coble hopped on his ATV. The bull charged and the ATV flipped. The bull mounted–not the heifer–but the ATV, pinning Coble, who was seriously injured. In Coble v. Taylor, the Missouri of Appeals for the Southern District reviewed Missouri’s fencing laws to affirm that Taylor was […]

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Missouri’s Sunshine Law overrides confidentiality clause in settlement agreement and advice of counselHarry Styron

Wed, 11 Nov 2015 21:06:50 +0000

On advice of its attorney, the Robinwood South Community Improvement District refused to provide a copy of a settlement agreement to John P. Strake, a member of the public who requested it.  Strake sued and filed a motion for summary judgment, stating that there was no fact question regarding whether the settlement agreement (relating to […]

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Indemnity clause in commercial lease does not allow recovery of attorney fees by tenantHarry Styron

Mon, 19 Oct 2015 18:49:57 +0000

A person who is fired up about filing a lawsuit believes he will win and will recover his attorney fees. Lawyers in Missouri and most of the United States have to throw cold water on the prospective client, because attorney fees are not generally recoverable unless provided for by a statute or a contract between […]

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Missouri Court of Appeals upholds architectural committee’s ban on outbuildingsHarry Styron

Thu, 05 Feb 2015 17:09:04 +0000

Stanley Sellers bought a home in Woodfield subdivision and wanted to build an outdoor kitchen. He applied to the Woodfield property owners’ association’s architectural committee, which approved his plans. Without asking for approval, he then built a storage building in his yard. The POA told him that the architectural committee had adopted a rule that […]

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Missouri appeals court reverses trial court, slaps down bank that manipulated HOAHarry Styron

Tue, 11 Nov 2014 16:13:39 +0000

The Missouri Supreme Court, on June 30, 2015, reversed much of this Court of Appeals decision discussed in this post, reinstating the judgment of the trial court, after determining that Jefferson Bank’s amendment of the covenants was proper. The amendment removed the requirement that the HOA’s board members be residents; the Supreme Court reasoned that unanimous […]

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Quitclaim deed to living trust can terminate title insurance coverage and trigger legal malpractice claimHarry Styron

Tue, 04 Nov 2014 16:39:40 +0000

When my clients discovered that a neighbor’s deed included a strip of land across their driveway, I advised them to make a claim on their title insurance policy. The claim was denied, not because it wasn’t real, but because my clients had inadvertently terminated their policy of title insurance by conveying their land to their living […]

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