WILLARD SCHNURBUSCH and CAROL SCHNURBUSCH, husband and wife, Plaintiffs-Appellants,
WEST PLAINS REGIONAL ANIMAL SHELTER, a Missouri not for profit corporation, Defendant-Counter Claimant-Respondent,
WILLARD SCHNURBUSCH, CAROL SCHNURBUSCH, Respondents-Appellants, and SCHNURBUSCH LAND SERVICES, INC., Respondent.
FROM THE CIRCUIT COURT OF HOWELL COUNTY Honorable Michael
Ligons, Associate Circuit Judge
IN PART, REVERSED AND REMANDED IN PART WITH DIRECTIONS
WILLIAM W. FRANCIS, JR., J.
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.
and Procedural History
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
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).
January 17, 2012, the Schnurbusches filed a pro se
four-count petition in Howell County against the Shelter in
Case No. 12AL-CC00006. The petition
contained similar allegations to those put forward in
February 24, 2012, the Shelter filed its answer to the
Schnurbusches' petition, and included a three-count
counterclaim against the Schnurbusches and the
1, 2012, the Schnurbusches and the Corporation filed motions
to dismiss the Shelter's counterclaims. The trial court
denied these motions.
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.
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.
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,  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.
September 21, 2015, the Shelter filed a "Second Motion
for Partial Summary Judgment" against the Corporation,
to which the Corporation filed no response.
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