State ex rel. Missouri State Highway Patrol v. Atwell

Concurring Opinion

JAMES M. SMART, JR., Judge.

In view of the fact that this court mistakenly stated in dictum in Karpierz that sovereign immunity relates only to tort actions, and plaintiffs relied upon that dictum, I concur that the preliminary writ should be dissolved. Although plaintiffs claims, as pleaded, are less than adequate, plaintiffs should, as a matter of fairness, be allowed to amend. I write separately to emphasize that, despite our mention in Yahne, 73 S.W.3d at 724, that Yahne’s alleged right to recover property wrongfully taken “arises from concepts of due process,” it is not…