St. Louis County v. Moore

CRANE, Judge.

Plaintiff, St. Louis County, appeals from the order of the trial court dismissing its claim for common law trespass on real property on the grounds that 1) the county had no common law cause of action for trespass and 2) the county had an exclusive statutory remedy for trespass under § 49.-490 RSMo 1986 which was barred by a three year statute of limitations. We reverse on the grounds that the statutory remedy for § 49.490 is not exclusive and that the county could properly bring an action for common law trespass which is governed by a five year statute of limitations.

Missouri…