Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Schnurbusch v. West Plains Regional Animal Shelter

Court of Appeals of Missouri, Southern District

January 20, 2017

WILLARD SCHNURBUSCH and CAROL SCHNURBUSCH, husband and wife, Plaintiffs-Appellants,
v.
WEST PLAINS REGIONAL ANIMAL SHELTER, a Missouri not for profit corporation, Defendant-Counter Claimant-Respondent,
v.
WILLARD SCHNURBUSCH, CAROL SCHNURBUSCH, Respondents-Appellants, and SCHNURBUSCH LAND SERVICES, INC., Respondent.

         APPEAL FROM THE CIRCUIT COURT OF HOWELL COUNTY Honorable Michael Ligons, Associate Circuit Judge

         AFFIRMED IN PART, REVERSED AND REMANDED IN PART WITH DIRECTIONS

          OPINION

          WILLIAM W. FRANCIS, JR., J.

         This is an appeal by Willard Schnurbusch and Carol Schnurbusch ("the Schnurbusches"), and Schnurbusch Land Services, Inc. ("the Corporation"), from the trial court's entry of a "Final Judgment" in favor of the West Plains Regional Animal Shelter ("the Shelter") and against the Schnurbusches and the Corporation. Finding merit to Point VII of the Schnurbusches' appeal, we reverse and remand.

         Factual and Procedural History

         In 2006, the Schnurbusches and the Corporation filed a four-count petition against the City of West Plains ("the City") and the Shelter in Case No. 09PU-CV00849. The Schnurbusches' third amended petition alleged in Count I that the Shelter was violating the City's zoning laws, and that the City was failing to enforce the zoning laws against the Shelter; Count II alleged that the Shelter was causing a nuisance to the Schnurbusches; Count III requested the court declare the validity of "amended zoning ordinance No. 4080"; and Count IV alleged that the City failed to enforce its municipal code and ordinances against the Shelter, and requested punitive damages. Counts II and IV were dismissed by the trial court. Following trial on Counts I and III, the trial court entered its judgment in favor of the City and the Shelter on both counts.

         The Schnurbusches appealed. This Court affirmed the judgment by a Memorandum Decision, and mandate was issued on January 23, 2012. Schnurbusch v. City of West Plains Missouri, SD31107 (Schnurbusch I).

         On January 17, 2012, the Schnurbusches filed a pro se four-count petition in Howell County against the Shelter in Case No. 12AL-CC00006.[1] The petition contained similar allegations to those put forward in Schnurbusch I.

         On February 24, 2012, the Shelter filed its answer to the Schnurbusches' petition, and included a three-count counterclaim against the Schnurbusches and the Corporation.[2]

         On May 1, 2012, the Schnurbusches and the Corporation filed motions to dismiss the Shelter's counterclaims. The trial court denied these motions.

         The Shelter filed a motion to dismiss the Schnurbusches' petition for failure to state a claim on June 15, 2012. The trial court granted the motion. The case then proceeded on the Shelter's counterclaims.

         The Schnurbusches filed a pro se motion for summary judgment on September 3, 2013. On September 13, 2013, the Shelter filed a motion for sanctions against the Schnurbusches and the Corporation for failure to comply with a discovery order. After a hearing, the trial court granted the Shelter's motion for sanctions and struck the Schnurbusches' motion for summary judgment.

         On December 23, 2014, the Schnurbusches filed their "Resubmitted Motion for Summary Judgment." The Shelter filed its "Cross Motion for Summary Judgment" against the Schnurbusches and the Corporation on February 17, 2015. On March 19, 2015, the Corporation, through counsel, [3] filed its response and memorandum of law in opposition to the Shelter's cross motion for summary judgment. On the same day, the Schnurbusches filed a response to the Shelter's cross motion for summary judgment.

         On September 21, 2015, the Shelter filed a "Second Motion for Partial Summary Judgment" against the Corporation, to which the Corporation filed no response.

         On October 19, 2015, the trial court entered judgment denying the Schnurbusches' resubmitted motion for summary judgment; sustained the Shelter's cross motion for summary judgment against the Schnurbusches on Count I of its counterclaim on the issue of liability, and reserved ruling on the issue of damages for a later date; sustained the Shelter's motion for summary judgment as to Count II of its counterclaim against the Schnurbusches and entered ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.