Legal Opinion
Harris v. Missouri Department of Conservation
Missouri Court of Appeals
Decided January 17, 1995No. WD 48200PublishedCited by 3 opinions
1Opinion of the Court
LOWENSTEIN, Judge.
This is an appeal from the circuit court’s denying damages in an inverse condemnation action. A trustee for the Christopher Harris Trust (Trust), brought this suit when the defendant, The Missouri Department of Conservation (Department), prohibited commercial fishing on a lake located on Trust’s property. At the heart of the ease is the effect of enforcement of a regulation which prohibits commercial fishing on what is denominated as a waterway of the state.1 As will be discussed infra, “commercial fishing” of a state waterway is generally prohibited by Missouri’s…
2Cases cited12 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Agins v. City of TiburonSupreme Court of the United States · 1980
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3Cited by3 opinions
- Jerry Bennett Masonry, Inc. v. Crossland Const. Co., Inc.Missouri Court of Appeals · 2005
- State v. StoneMissouri Court of Appeals · 1996
- Jerry Bennett Masonry, Inc. v. Crossland Const. Co., Inc.Missouri Court of Appeals · 2005