New Madrid County v. St. John Levee & Drainage District

This is an appeal from a judgment in favor of New Madrid County (“County”) in an action for declaratory judgment. St. John Levee & Drainage District (“Drainage District”) appeals, arguing the trial court misapplied Section 242.350.1 We agree and reverse the trial court’s decision.

Standard of Review

“[I]n a court-tried case this [Cjourt must affirm the judgment unless it is unsupported by the evidence, it is against the weight of the evidence, or erroneously declares or applies the law.” O’Bernier v. R.C. & Associates, Inc., 47 S.W.3d 422, 423 (Mo.App. S.D.2001). To resolve the issue presented…