Riverside-Quindaro Bend Levee District v. Intercontinental Engineering Manufacturing Corporation

Summary

The Supreme Court of Missouri dismissed an appeal by landowners challenging a levee district commissioners' assessment of benefits. The court held that Missouri Revised Statutes section 245.130.4 authorizes appeals only concerning compensation for appropriated property or damages to prejudicially affected property, not the propriety of benefit assessments. The court concluded that it lacked appellate jurisdiction, while noting that separate relief might be available.

Holdings

1. Section 245.130.4 authorizes appeals only concerning whether just compensation was allowed for property appropriated or whether proper damages were allowed for property prejudicially affected by the improvements; it does not authorize an appeal challenging the propriety of the commissioners' assessment of benefits.
2. The absence of a statutory right to appeal does not necessarily foreclose the landowners from seeking relief in a separate action.

Questions Presented

1. Whether section 245.130.4, RSMo 2000, authorizes an appeal challenging the commissioners' assessment of benefits in a levee-district proceeding.
2. Whether the Supreme Court of Missouri had jurisdiction over the landowners' appeal.

Disposition

dismissed