State ex rel. Missouri Department of Natural Resources v. Turkey Creek, Inc.

PREWITT, Judge.

Plaintiff-Appellant sought injunctive and other relief against Defendant regarding two dams owned by Defendant. The trial court determined that the dams were less than thirty-five feet in height, thus making them not subject to regulation by the Missouri Department of Natural Resources, under the Dam and Reservoir Safety Law, §§ 236.400 to 236.500, RSMo 1994.

*287Review is under Rule 73.01(c). Under that rule, due regard is given to the trial court to judge the credibility of witnesses. Rule 73.01(c)(2). For further interpretation of the standard of review set by that rule, see…